The US Federal Aviation Administration (FAA) is pushing for FAA crew rest preemption across all US states and local jurisdictions, publishing a notice of proposed rulemaking on 6 July 2026 that would establish federal duty and rest rules as the sole standard governing meal and rest breaks for airline pilots and flight attendants.
The proposal, triggered by a series of court rulings that allowed California-based flight attendants to pursue claims under state labour law, would amend two existing regulatory parts: Part 117, covering flightcrew duty and rest limitations, and Part 121, governing domestic, flag and supplemental airline operations. According to the Federal Register, the FAA also proposes to add an entirely new provision, § 121.468, to Title 14 of the Code of Federal Regulations, specifically to clarify that FAA flight attendant duty and rest period regulations preempt state and local laws covering the same subject matter.
Why FAA crew rest preemption is being sought now
The agency cited two cases as central to the proposal. In Bernstein v. Virgin America, California-based flight attendants sued the carrier over alleged violations of California labour law, including meal-break and rest-break requirements. Virgin argued those state rules were preempted by federal aviation law and the Airline Deregulation Act of 1978, but the US Court of Appeals for the Ninth Circuit rejected those arguments and upheld rulings in favour of the flight attendants.
The second case, Wilson v. SkyWest Airlines, was brought by two California-based flight attendants who alleged that SkyWest failed to provide meal breaks, rest breaks and compliant wage statements under California law. A federal district court found the break claims were not preempted by federal aviation law or the Airline Deregulation Act. Together, the two rulings signalled to the FAA that regulatory clarification was overdue.
The FAA’s core argument is that airline crews are categorically different from most other workers because they must remain available throughout a duty period to handle safety tasks, including while the aircraft is in flight. Some state laws require workers to be fully relieved of all duties during a meal or rest break, a standard the agency says cannot always apply to crew who may need to respond to emergencies, medical events, unruly passengers or evacuations.
Operational and commercial consequences for carriers
The FAA warned that forcing airlines to comply with varying state break requirements could create material operational problems. Carriers might have to carry additional crewmembers, block passenger seats, remove passengers from flights or restructure in-flight service. The FAA also argued that such changes could affect the price, route or service of air transportation, bringing the requirements within the scope of the Airline Deregulation Act’s preemption provisions.
The practical reach of the proposal is substantial. The US Department of Labor lists 21 states or jurisdictions with meal-period requirements for adult private-sector workers. Of those, seven states (California, Colorado, Kentucky, Minnesota, Nevada, Oregon and Washington) have both meal-period and rest-period requirements. California’s rules are among the most prescriptive: a 30-minute meal period is required when employees work more than five hours, and a second meal period when they work more than 10 hours.
The FAA was careful to state that its proposal would not prevent airlines from allowing pilots and flight attendants to eat, drink or use the restroom during duty periods. Airlines would remain responsible for managing those needs while keeping crewmembers available for safety duties, the agency said.
The proposal also acknowledges that some flight attendant breaks are already addressed through collective bargaining agreements, airline policies or crew resource management procedures. California amended its labour code in 2023 to exempt certain flight attendants from standard meal and rest-break requirements when they are covered by a collective bargaining agreement that addresses breaks. The FAA noted, however, that not all airlines and flight attendants are covered by such agreements, leaving a regulatory gap the proposed rule is designed to close.
The FAA‘s FAA crew rest preemption proposal is open for public comment, with submissions due by 4 September 2026. Airlines, labour groups and state regulators are all expected to file responses ahead of that deadline.
