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Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

Senate Approves Whistleblower Bill for the Auto Industry

The U.S. Senate passed the first-ever piece of whistleblower legislation specific to automotive safety April 28. The proposed measure provides incentives to whistleblowers within the auto industry to come forward about known...more

New York Metropolitan Transportation Authority Fined for Whistleblower Harassment

New York’s Metropolitan Transportation Authority (MTA) has had plenty of public troubles lately, the most recent of which has resulted in a fine of more than $50,000 after the agency was found guilty of harassing a...more

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

Southwest Airlines Reaches Settlement in Whistleblower Lawsuit

A Southwest Airlines employee claims that he was retaliated against for uncovering and reporting two cracks while investigating the fuselage of a Boeing 737-700 during his regular maintenance checks. Now, Southwest has agreed...more

March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

OSHA Hands Down Record Award Under Federal Railroad Safety Act

The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more

Flash No. 44 - 2014 … A Year In Review

2014 was uncomfortably fast. When did you last write 2013 on a check or a letter by mistake? If you did, rest assured that you are not alone. So, while we still have a few weeks before we have to face the start of a new year...more

Construction Case Law Update - November 2014

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

Airline Industry Legal Alert: Ninth Circuit Hears Argument on Strike Injunction Against Non-Union Employees

Yesterday, Douglas Hall, a partner in the Airline Group of FordHarrison, appeared before an en banc panel of the Ninth U.S. Circuit Court of Appeals to defend an injunction obtained on behalf of Aircraft Service...more

RLA: A Duty to Unionize?

Aircraft service employees threatened to close Seattle’s airport. They were disgruntled about the suspension of a co-worker, and they banded together with a community organizer (not a union agent) to threaten a strike. The...more

OSHA Issues Another $1 Million+ Whistleblower Award, Along With Reinstatement

On November 13, 2013, OSHA issued a press release stating that it ordered Gaines Motor Lines (the “Company”) to pay a total of $1,070,123 four whistleblowers, along with reinstatement. The press release indicates that...more

Transportation, Distribution and Logistics Alert Newsletter -- July 2012: Recent Cases Illustrate Possibility of Substantial...

Since the Schramm v. Foster, 341 F.Supp.2d 53 (D. Md. 2004), transportation companies have been aware of the possibility of suits and verdict against transportation brokers. This is significant because many carriers also...more

Washington Supreme Court Holds That Drive Time to First Jobsite From Home & From Last Jobsite to Home in Company-Issued...

Breaking Developments In Labor and Employment Law In Stevens v. Brink’s Home Security, Inc., a class of installation and service technicians (“Technicians”) filed suit against their employer, Brink’s, alleging that the...more

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