Ward v. United Airlines, Inc., No. 16-16415 (9th Cir. 2021)
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The Ninth Circuit reversed the district court's grant of summary judgment to United Airlines in two consolidated actions brought by certified classes of United pilots and flight attendants who reside in California, alleging that wage statements they received from United failed to comply with California Labor Code 226.
The panel certified to the California Supreme Court the question whether California Labor Code 226 applied. The California Supreme Court held that the statute applied "if the employee's principal place of work is in California." The California Supreme Court set forth a set of principles defining section 226's permissible reach called the "Ward test."
The panel held that section 226, as applied to plaintiffs under the Ward test, did not fall within either of the categories that are virtually per se invalid. Furthermore, the panel did not find merit in United's argument that application of the Ward test results in direct regulation of interstate commerce. The panel rejected United's contention that applying section 226 to plaintiffs under the Ward test violated the dormant Commerce Clause; held that the Airline Deregulation Act of 1978 did not preempt application of section 226 to plaintiffs where any connection between section 226 and United's prices, routes, and services was tenuous at best; and held that plaintiffs' claims under section 226 were not preempted by the Railway Labor Act. The panel declined to reach the merits of plaintiffs' claims in the first instance, and remanded to the district courts to determine whether United complied with section 226 and, if not, what relief should be awarded. The panel directed the district courts to modify the class definitions in both cases to conform to the California Supreme Court's definition of section 226's permissible reach, and to modify the class period in the Ward case to extend to the date of judgment.
Court Description: California Labor Code / Preemption. The panel reversed the district courts’ summary judgment in favor of United Airlines, Inc. in two consolidated cases brought by certified classes of United pilots and flight attendants who reside in California, alleging that the wage statements they received from United failed to comply with California Labor Code § 226. The panel certified to the California Supreme Court the question whether California Labor Code § 226 applied. In response, the California Supreme Court held that the statute applied “if the employee’s principal place of work is in California.” Ward v. United Airlines, Inc., 466 P.3d 309, 325 (Cal. 2020). The Supreme Court then set forth a set of principles defining § 226’s permissible reach – the “Ward test”. United subsequently challenged the validity of applying § 226 to these plaintiffs under the Ward test, arguing that federal law precluded California from applying its wage statement law to interstate transportation workers who are based in California and do not perform a majority of their work in any one State. The dormant Commerce Clause limits the States’ authority to enact or enforce laws that burden interstate commerce. Generally, state laws that discriminate against or directly regulate interstate commerce are virtually per se invalid, but non-discriminatory laws that have only incidental effects on interstate commerce will generally be 4 WARD V. UNITED AIRLINES upheld. The panel held that California Labor Code § 226, as applied to these plaintiffs under the Ward test, did not fall within either of the categories that are virtually per se invalid. The panel rejected United’s argument that application of the Ward test resulted in direct regulation of interstate commerce. The panel also rejected United’s argument that applying California Labor Code § 226 to these plaintiffs under the Ward test violated the dormant Commerce Clause because the burden imposed on interstate commerce was clearly excessive in relation to the putative local benefits. The panel held that the Airline Deregulation Act of 1978 did not preempt application of California Labor Code § 226 to these plaintiffs where any connection between § 226 and United’s prices, routes, and services was tenuous at best. The panel held that plaintiffs’ claims under California Labor Code § 226 were not preempted by the Railway Labor Act. Applying the test in Alaska Airlines Inc. v. Schurke, 898 F.3d 904, 920–21 (9th Cir. 2018), the panel held that plaintiffs’ claims survived the first step because they were not grounded in collective bargaining agreements; nor were they preempted under the second step, since resolution of their claims did not require interpretation of the collective bargaining agreements. The panel declined to reach the merits of plaintiffs’ claims in the first instance, and remanded to the district courts to determine whether United complied with § 226 and, if not, what relief should be awarded. The panel directed the district courts to modify the class definitions in both cases to conform to the California Supreme Court’s definition of § 226’s permissible reach, and to modify the class period in the Ward case to extend to the date of judgment. WARD V. UNITED AIRLINES 5
This opinion or order relates to an opinion or order originally issued on May 9, 2018.
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