On July 6, 2026, the Federal Aviation Administration (FAA) proposed a rule that would clarify that state and local meal and rest break laws do not apply to pilots and flight attendants while they are on duty. The proposed rule would clarify that duty and rest regulations established by the FAA, including 14 CFR part 117 and 14 CFR 121.467, preempt state and local laws that would otherwise require flight crew members and flight attendants to receive meal or rest breaks during duty periods. In effect, the FAA is asserting that federal aviation safety regulations govern duty and rest requirements for in-flight crews and supersede conflicting state and local requirements.
The proposed rule is intended to address recent court decisions applying California meal and rest break laws to flight attendants. Under California law, employees generally must receive a 10-minute duty-free rest break for every four hours worked or major fraction thereof, with the break typically provided in the middle of each work period to the extent practicable. Employees who work more than five hours generally must also receive a 30-minute duty-free meal period that begins before the end of the fifth hour of work. In its proposed rule, the FAA explained that applying those requirements to in-flight crews could create critical safety concerns because flight attendants are responsible for responding to emergencies and ensuring passenger safety throughout a flight. The FAA expressed concern that requiring crew members to be completely relieved of duty for state-law meal or rest periods could interfere with those responsibilities.