FAA Aims to Block State, Local Crew Break Requirements

Flight personnel have successfully sued air carriers regarding mandatory rest periods.

Jack Daleo

Tuesday, July 07, 2026 at 03:00 PM ET

Verified

Edited By:

Travis Tingle

FAA argues that state and local rules governing required break periods do not apply to flight crews and flight attendants. [Credit: Adobe Stock]

Key Takeaways:

The FAA proposes to federally preempt state and local laws requiring meal and rest breaks for flight crews and flight attendants during duty, arguing existing federal regulations are sufficient and varied state rules create operational disruptions.
This move is a direct response to recent federal court rulings that sided with flight crews, determining that state break requirements were not preempted by federal law and allowing them to claim damages against airlines.
The FAA's proposal does not introduce new federal break rules but aims to clarify federal preemption, stating that flight attendants must remain available for safety duties during breaks, a point of contention with unions advocating for uninterrupted breaks.

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The FAA is seeking to block state and local governments from setting meal and rest period requirements for flight crews and flight attendants, asserting that those breaks are adequately covered by federal law.

According to a notice of proposed rulemaking (NPRM) published in the Federal Register this week, the agency would add language to parts 117 and 121 that clarifies the federal preemption of state and local laws governing these rest periods. Whereas previous rulemaking has centered on crew breaks between shifts, the new proposal tackles breaks during duty, including while flying.