Bloomberg Law
Jan. 6, 2017, 12:07 AM

Virgin America Flight Attendants Overtime Suit at Cruising Speed

Joyce E. Cutler
Joyce E. Cutler
staff correspondent

Virgin America Inc. failed Jan. 5 to get flight attendants’ federal wage & hour class action dismissed (Bernstein v. Virgin America, Inc.,, N.D. Cal., 3:15-cv-02277, summary judgment motion order 1/5/17).

The Burlingame, Calif.-based Virgin sought to defeat on summary judgment the class action covering 1,400 flight attendants who claim under California law that they’re due money for all hours worked before, during and after flights, including time spent training, filing reports and taking drug tests.

Virgin argued preemption on those claims, saying the workers were trying to apply California law globally to require pay for overtime, missed ...