News & Analysis as of

Wage and Hour Airlines

Littler

Puerto Rico Secretary of Labor Clarifies the Application of Act No. 27-2024

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On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the...more

Littler

Canada Adds Exemptions from Hours of Work Requirements for Certain Employees in Banking, Telecommunications and Broadcasting,...

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On August 16, 2023, Canada published Regulation SOR/2023-180 under the Canada Labour Code (CLC) (Amending Regulation).  The Amending Regulation exempts certain classes of employees in the banking, telecommunications and...more

Seyfarth Shaw LLP

Wage-Hour Rulings Impacting Air Carriers Show Continued Headwinds In California

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Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...more

CDF Labor Law LLP

California Exempts Certain Airline Cabin Crew from California Meal and Rest Period Mandates

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On March 23, 2023, Governor Newsom signed Senate Bill (SB) 41 providing relief for employers with airline cabin crew employees covered by a valid collective bargaining agreement (CBA) under the Federal Railway Labor Act and...more

Fisher Phillips

New Zealand’s Employment Court Mandates Fortnightly Rate Regardless of Hours Worked: 3 Considerations for Employers with Part-Time...

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A recent decision by New Zealand’s Employment Court regarding an airline and its cabin crew creates broader implications for all employers with part-time workers in New Zealand. In E Tū Incorporated v Mount Cook Airline...more

Cozen O'Connor

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods

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The Federal Aviation Administration (FAA) has issued a final rule requiring that flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less...more

Venable LLP

Text, Context, and Canons: Inside a Unanimous Supreme Court Decision

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The end of the Supreme Court's term usually brings divided decisions. But in Southwest Airlines Co. v. Saxon, the whole Court agreed on both the result and the reasoning in a trim 11 pages....more

Fisher Phillips

SCOTUS Says Airplane Cargo Loaders Are Exempt from Federal Arbitration Act: Key Employer Takeaways

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An airline can’t require a ramp supervisor who alleged that she frequently loaded cargo onto airplanes to arbitrate her claim for overtime pay under the Federal Arbitration Act (FAA), the Supreme Court decided in an 8-0...more

BakerHostetler

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

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For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

Dorsey & Whitney LLP

The Supreme Court - June 6, 2022

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Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of the United States Issues Important Decision on the Federal Arbitration Act

On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption. In Southwest Airlines Co. v....more

FordHarrison

Airline Alert: New FAA Proposed Rulemaking Regarding Flight Attendant Rest Requirements

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On November 2, 2021, the Federal Aviation Administration (FAA) published a Notice of Proposed Rulemaking (NPRM) regarding flight attendant duty period limitations and rest requirements. The NPRM was mandated by the FAA...more

Stinson LLP

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside...

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Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To avoid unfair application...more

FordHarrison

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

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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

BakerHostetler

Ninth Circuit Rejects Airline’s Constitutional Challenges to California’s Wage Statement Statute

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Virtually by definition, many transportation workers, and many employees of airlines and railroads in particular, regularly travel and work in many states. For the most part, that does not impede their work or their...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 10

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In Washington: The Senate adjourned Friday evening after former President Trump’s defense lawyers rested their case on day four of Trump’s second impeachment trial. The defense used under three hours of their 16 allotted...more

BCLP

California’s Wage Statement Law Applies to Interstate Transportation Workers

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On February 2, 2021, the Ninth Circuit Court of Appeals issued a decision that affects all California employers that employ interstate transportation workers. In Ward v. United Airlines, the court held that federal law did...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 #3

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In Washington - Negotiations on the next COVID-19 relief bill continued behind closed doors Wednesday in meetings between Treasury Secretary Steven Mnuchin and White House chief of staff Mark Meadows, House Speaker Nancy...more

Proskauer - California Employment Law

Airline Employees Whose Base of Work Is In California Must Receive Legally Compliant Wage Statements

Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) - Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most...more

Holland & Knight LLP

Twin Decisions Impact Employers with Workforces in – or Traveling to – California

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The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 20

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal...more

Robins Kaplan LLP

Financial Daily Dose 3.17.2020 | Top Story: The Bear Market Roars, with Markets Falling nearly 13% as Whole Sectors of US Economy...

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As Americans [way-too] slowly come to the realization that COVID-19 is a very real and very present threat, the business world is changing around them at a staggering pace. Stocks nosedived again on Monday, with the three...more

Stinson LLP

Recommended Employer Response to Coronavirus Outbreak

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By now, employers are aware of the coronavirus (officially named COVID-19) and its growing impact on the global supply chain. As the first untraced case of the coronavirus in the United States came to light in California this...more

FordHarrison

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

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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

Littler

Friendlier Skies in Rhode Island: Sunday & Holiday Premium Pay Law Held Preempted for Airlines

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The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays.  This decision may allow employers in other...more

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