Lobby group Airlines for America (A4A) has filed a lawsuit to prevent enforcement against airlines of Minnesota's Earned Sick and Safe Time (ESST) law. The association argues the law undermines established collective bargaining agreements and will prompt a rise in the abuse of sick leave and other paid time off, thereby impacting fares, routes, and services, and, by default, lead to increased delays and cancellations.
A4A filed a two-count complaint at the US District Court of Minnesota against the state’s Department of Labour and Industry Commissioner Nicole Blissenbach on December 30, asking that airlines be exempted from the law, which came into effect on January 1, 2024. The group argues that the law, as applied to airlines, is preempted by the Airline Deregulation Act and the Railway Labour Act, and is therefore unenforceable under the supremacy clause of the United States Constitution.
Among other things, the Minnesota law regulates employee absences by mandating that employers provide up to 48 hours of ESST annually for various reasons. It also prohibits employers from requiring documentation for ESST usage, such as doctors' notes, and from counting its use against employees in attendance policies. Starting January 1, 2025, paid time off beyond 48 hours must comply with the law's standards. A4A argues that the law potentially disrupts airlines' collective bargaining agreements and policies, which are designed to balance employee needs with the demands of operating a 24/7 airline network.
Airlines represented by A4A include Alaska Airlines, American Airlines, Delta Air Lines, Hawaiian Airlines, JetBlue Airways, Southwest Airlines, United Airlines and cargo carriers Atlas Air, FedEx Express, and UPS Airlines.
