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U.S. Supreme Court Decision Could Make it Harder for Employers to Defend Whistleblower Claims

Executive Summary: The U.S. Supreme Court recently held that a whistleblower under the Sarbanes Oxley Act of 2002 (SOX) is not required to prove the employer acted with retaliatory intent to prevail on a whistleblower claim....more

FAA's Proposed Rule Would Require Drug and Alcohol Testing in Foreign Countries

Executive Summary: The Federal Aviation Administration (“FAA”) has recently proposed a potentially costly rule requiring repair stations located outside the United States to implement programs for drug and alcohol testing of...more

As Union Support Increases, so Does the Need for Effective Labor Management and Training

Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Transportation Industry Alert - Labor Law Changes from the Biden Administration on the Horizon

Executive Summary: In September 2020, then-presidential candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” ...more

Virginia Enacts New Overtime Wage Law

Executive Summary: On March 30, 2021, Governor Ralph Northam signed into law the Virginia Overtime Wage Act (VOWA), creating new wage and hour requirements for Virginia employers. Set to take effect July 1, 2021, the...more

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

Virginia Implements Permanent Workplace Safety Measures in Response to COVID-19

On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19....more

D.C. Expands Face Mask Requirement – Including Mandate for Employer Provided Masks

Executive Summary: On July 22, 2020, in a response to an increase in reported coronavirus cases in the area, the District of Columbia expanded mask requirements in a Mayoral Order that takes immediate effect....more

NLRB Updates Standard on Discipline for Offensive Conduct

Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more

Virginia Becomes First in Nation to Adopt Emergency Workplace Safety Rules in Response to COVID-19

Executive Summary: In what Virginia Governor Ralph Northam described as a response to an “absence of federal guidelines,” Virginia became the first state in the U.S. to establish and implement emergency workplace safety...more

Virginia General Assembly Makes Pro-Employee Changes to State Laws

Executive Summary: The Virginia General Assembly took a number of employee-favorable actions in its 2020 Session and its Reconvened Session in April 2020, which will require employers to revise their employment policies and...more

Washington D.C. Orders All Non-Essential Businesses Closed Beginning March 25, 2020

In an effort to stem the tide of increasing COVID-19 cases in the District of Columbia, Mayor Muriel Bowser announced on Tuesday March 24, 2020, that she is ordering all non-essential business within the city to close their...more

Virginia Announces Closure of Non-Essential Businesses and K-12 Schools

Summary: On March 23, 2020, the Virginia Governor Ralph Northam issued Executive Order Fifty-Three, which orders the closure of certain non-essential businesses, bans all gatherings of more than 10 people, and closes all K-12...more

FAA Issues COVID-19 Interim Health Guidance for Air Carriers and Crews

On March 12, 2020, the Federal Aviation Administration (FAA) issued a Safety Alert for Operators (SAFO 20003) that provides interim health guidance for Air Carriers and Crew Members regarding COVID-19. ...more

U.S. District Court Rules in Favor of Airline Flight Crew Employees on Paid Sick Leave Challenge

On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby...more

Department of Labor Affirms that FMLA Runs Concurrently with Paid Leave

On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A, reinforcing the DOL’s position set out in an earlier opinion letter that “an employer is...more

NLRB Changes Course on Unilateral Employer Action Standard

In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

U.S. Supreme Court Declines to Review Two Airline Industry Cases

The United States Supreme Court recently denied petitions to consider two U.S. Court of Appeals decisions adversely affecting the airline industry. On June 24, 2019, the Justices declined to review a Seventh Circuit ruling...more

Airline Industry Alert: NMB to Hold Public Hearing on Proposed Rule to Simplify Process for Decertification of Labor Unions

As previously reported, the National Mediation Board (“NMB”) issued a Notice of Proposed Rulemaking (“NPRM”) setting forth a proposal to amend its rules regarding the decertification of labor unions under the Railway Labor...more

Airline Industry Alert: NMB Announces Proposed Rule to Simplify the Decertification Process

On January 31, 2019, the National Mediation Board (NMB) published a proposed rule and request for comments to amend its regulations to provide for decertification of labor unions. The NMB’s stated goal is to provide a “more...more

Airline Industry Alert: FAA Enacts Prompt Settlement Policy for Pilots Who are First-Time Violators of Drug and Alcohol Testing...

On October 1, 2018, a new Federal Aviation Administration (FAA) policy went into effect that allows commercial pilots who are first-time violators of certain drug and alcohol testing provisions the opportunity for prompt...more

City of Chicago Requires Airport Service Providers to Enter into Labor Peace Agreements

As of July 1, 2018, the City of Chicago, as owner and operator of Chicago O’Hare International Airport and Chicago Midway International Airport (the “Airports”), will require that certain users of the Airports enter into a...more

End of the Year Updates from the Department of Transportation and Federal Aviation Administration

The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory...more

Department of Transportation Adds Four New Drugs to Testing Panel

On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more

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