FAA Proposes Rule To Preempt State Meal And Rest Break Laws For In-Flight Crews

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.

Importantly, the proposed rule would not prohibit flight attendants or pilots from eating, resting, or taking informal breaks during a flight. Rather, it would clarify that in-flight crew members are not entitled to state-law-mandated meal or rest periods during which they are completely relieved of duty while on board an aircraft. According to the FAA, crew members must remain available to perform safety-related functions throughout a flight, which the agency believes is incompatible with state laws requiring duty-free meal and rest periods at specified times during a duty shift.

The FAA also stated that a uniform federal standard would help avoid operational disruptions and additional compliance costs associated with complying with varying state and local meal and rest break requirements. According to the agency, those costs could ultimately increase consumer prices and make some regional routes economically difficult to maintain.

The FAA has invited the public, including affected businesses, to comment on the proposed rule. Interested stakeholders may submit comments online, in person, or by mail or fax until Sept. 4, 2026.