Brian Arnett (“Arnett”) claims that the Federal Aviation Administration (“FAA”) discriminated against him in violation of the Age Discrimination in Employment Act (“ADEA”) when he was deemed ineligible for three positions for...more
Seyfarth Synopsis: In August, the Ninth Circuit Court of Appeals revived a challenge by Airlines for America (“A4A”), to San Francisco’s Healthy Airport Ordinance (the “Ordinance”), which requires airlines that use the San...more
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
On June 6, 2022, a unanimous United States Supreme Court issued another key decision interpreting the Federal Arbitration Act (“FAA”) that will have a significant impact on certain employers going forward...more
In the wake of the ongoing COVID-19 pandemic, New York and New Jersey have adopted legislation to benefit airport workers. The Healthy Terminals Act in both states will boost wages and access to healthcare for airport workers...more
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
Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more
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
On February 23, 2021, a unanimous Ninth Circuit panel held in the decision of Bernstein v. Virgin America Inc. (Case No. 19-15382) that employers are not subject to heightened penalties for subsequent violations under the...more
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
While Washington is rushing to enact COVID-19 funding before the mid-March expiration of enhanced federal unemployment benefits, lawmakers face a host of upcoming policy deadlines that will require congressional action....more
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
Earlier this week, the FAA issued its Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews. The updated Guidance continues to urge that crewmembers who exhibit any symptoms of COVID-19 cease...more
In Washington - Treasury Secretary Steven Mnuchin said Thursday that he and House Speaker Nancy Pelosi (D-CA) have agreed to revive negotiations over a stalled follow-up coronavirus relief bill. Speaker Pelosi has...more
In Washington - Senate Republicans plan to introduce their “skinny” version of coronavirus relief legislation as early as Tuesday. The 169-page draft bill provides US$300 in weekly unemployment insurance benefits through...more
In Washington - FEMA administrator Peter Gaynor cautiously told the House Homeland Security Committee yesterday that personal protective equipment (PPE) distribution in the U.S. is “healthy” but admitted that the agency...more
Executive Summary - This week, the California Supreme Court issued two decisions, Ward v. United Airlines, Inc., Case No. S248702, and Oman v. Delta Air Lines, Inc., Case No. S248726, that will significantly impact...more
Seyfarth Synopsis: The U.S. District Court for the Western District of Wisconsin recently cast doubt on employers’ ability to strike the class allegations in a complaint early in litigation. ...more
On March 27, 2020, President Trump signed into law the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”), a $2+ trillion stimulus package intended to ease the economic and social disruptions facing the...more
US passenger airlines, cargo air carriers, aviation repair facilities and certain other aviation industry participants severely affected by the COVID-19 pandemic can take advantage of the unprecedented aid available under...more
With the wrenching and pervasive cessation of normal business and societal activities in the past few weeks, Fox Rothschild has been addressing questions from transportation industry clients concerning their ongoing...more
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
With the worldwide cases of coronavirus tripling in the past week, and the eleventh case confirmed in the United States, U.S. employers are examining what necessary precautions should be taken to control and prevent the...more
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
Can an employer impose a maximum age requirement for pilots operating private aircraft under Part 91 of the Federal Aviation Regulations (FAR) to retire at age 65 similar to that imposed by the Federal Aviation Administration...more