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 preempt state and local laws setting meal and rest period requirements for flight crews and attendants during duty, asserting federal regulations already provide adequate coverage.
This action stems from recent court rulings that have upheld flight crews' rights to claim damages under state break laws, creating a "patchwork" of requirements the FAA argues violates the Airline Deregulation Act and causes operational disruptions.
The proposal clarifies that flight attendants must remain available for safety duties even during designated breaks, with the FAA aiming to standardize requirements federally while enabling carriers to ensure time for basic needs like eating and using the restroom.

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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.