The lawsuit
United Airline filed suit arguing HFWA was preempted by federal aviation statutes and the Railway Labor Act. The carrier claimed the state had no jurisdiction over its multistate operations and that sickness documentation rules should be governed solely by federal law and union contracts.
Withdrawal and what remains
United later withdrew the lawsuit without prejudice, ending the immediate challenge. With no court ruling scaling HFWA back, Colorado still expects airlines to provide paid sick leave unless the company and union bargained protections that meet or exceed HFWA requirements.
- HFWA protections remain enforceable for Colorado-based crews.
- Any exemption must be spelled out in a CBA and demonstrate equal or greater rights.
- Investigations can still be escalated to CDLE when a carrier retaliates over sick leave.
What crew members should watch
- Track how managers reference the withdrawn case in interviews or charge letters.
- If United claims HFWA does not apply, ask for the most recent legal guidance in writing.
- Log every attendance investigation that follows HFWA-covered absences and send it to our "we think you were not sick" checklist.
- Consult the HFWA timeline for related lawsuits, including A4A’s 2024 federal challenge.
Need legal reinforcements?
Visit the FALDF attorney panel for HFWA litigators or contact our Investigation Survival Guide if management escalates "leave misuse" claims.