Interesting reversal. Case closed.
Under the US Constitution Congress is free to regulate commerce under the Commerce Clause. Absent Congressional regulation, States are free to regulate, as long as the State's Regulation DOES NOT unduly burden and discriminate against interstate commerce. "Dormant" refers to the absence of Federal Regulation.
• In the absence of Federal Regulation, State Regulation of commerce is PRESUMED valid if:
• (1) There is NO discrimination against out-of-state "interests;"
• (2) The regulation DOES NOT unduly burden interstate commerce; AND
• (3) The regulation DOES NOT apply to wholly extraterritorial activity.
"The panel rejected Virgin’s contention that federal law preempted California’s meal and rest break requirement in the aviation context because federal law occupied the field. Specifically, the panel held that field preemption under the Federal Aviation Act was not necessarily limited to state laws that regulate aviation safety."