Fitz-Gerald
Fitz-Gerald v. Skywest Airlines, Inc.
Opinion
Opinion
Yegan, J.
Michaelena Fitz-Gerald and Romead Neilson appeal from a summary judgment granted in favor of SkyWest, Inc. (SkyWest), on their class action for alleged violations of California labor law regarding minimum wages, overtime, and meal/rest breaks. Appellants are suing individually and on behalf of former and current SkyWest flight attendants (FA’s) working for SkyWest in California. The trial court granted summary judgment in favor of SkyWest, ruling inter alia that the action was preempted by the Railway Labor Act ( 45 U.S.C. § 151 et seq.). We affirm.
SkyWest and Its Flight Attendants
SkyWest is a regional air carrier with headquarters in Utah. It operates as United Express in 91 cities and provides 1,500 daily flights to 120 cities in 32 states and Canada. SkyWest also provides air carrier services for Delta Air Lines and Continental Airlines.
SkyWest FA’s receive flight pay (also referred to as “block to block time”) from the time the aircraft blocks are removed at takeoff until the aircraft reaches its destination. In 2001, flight pay ranged from $17.50 per hour to $31.20 an hour depending on seniority and the work schedule. Top-end flight pay for FA’s is currently…