California’s Kin Care Law Meets ERISA And Is Not Preempted.

California’s Kin Care Law [Labor Code section 233] requires employers who provide paid sick leave to their employees to allow employees to use sick leave to care for family members. In this case, defendant, an airline, “seeks to avoid this state law obligation by the creation of an employee sick leave plan and trust, which [defendant] holds out as being subject to the Employee Retirement Income Security Act (ERISA) (29 U.S.C. §§ 1001 et seq.) and, thus exempt from state regulation.” In a motion for summary judgment, the trial court determined that application of the Kin Care law was not preempted by ERISA. The appellate court agreed with the trial court, and held there was no preemption.  (Airline Pilots Association International v. United Airlines  (Cal. App. First Dist., Div. 4; January 31, 2014) 223 Cal.App.4th 706, [167 Cal.Rptr.3d 467].)