News & Analysis as of

Wage and Hour Aviation Industry

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

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...

Stinson LLP on

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

FordHarrison on

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

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...

Robins Kaplan LLP on

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

Robins Kaplan LLP

Financial Daily Dose 3.13.2020 | Top Story: COVID-19 Fears Push Wall Street to Worst Losses Since Black Monday

Robins Kaplan LLP on

It’s been a week or so, and we’re running out of ways to say that this is bad. But it certainly is. Your bear market stats for the day: the biggest daily drop by percentage for both the S&P 500 and the Dow Jones Industrial...more

Seyfarth Shaw LLP

OSHA Issues “Coronavirus Protection” Guidance

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Seyfarth Synopsis: OSHA has issued a new alert and guidance document on COVID-19 suggesting ways for employers to minimize and manage risks to their workforces....more

FordHarrison

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

FordHarrison on

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

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

Polsinelli

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

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In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

Polsinelli

Airlines Association Files Another Lawsuit Challenging Massachusetts Paid Sick Leave Law

Polsinelli on

On April 4, 2018, Airlines for America, a trade association and lobbyist organization for U.S. airlines, filed a lawsuit in federal court in Massachusetts against the Massachusetts Attorney General challenging the state’s...more

Holland & Knight LLP

Transportation Developments in Year 1 of the Trump Administration - President Touts New $1.5 Trillion Infrastructure Plan; A...

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In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

Cranfill Sumner LLP

Groundbreaking—IRS makes things complicated

Cranfill Sumner LLP on

Employers who adhere to certain IRS guidelines may face much lower indemnity payments for employees who traveled for work pre-injury - Myres v. Strom Aviation, Inc. (16-558) - In companies where employees regularly...more

FordHarrison

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

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In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Littler

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

Littler on

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

Buchalter

Aviation & Aerospace and Surface Transportation Quarterly Newsletter

Buchalter on

In This Issue: - Update on Developments in California Drone Law - One Community Gets Relief from Aircraft Noise - California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the...more

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