News & Analysis as of

Wage and Hour Airline Employees

Cozen O'Connor

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods

Cozen O'Connor on

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

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

Perkins Coie

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

Perkins Coie on

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

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

CDF Labor Law LLP

9th Circuit Confirms Limited Application of Heightened Penalties for “Subsequent” Labor Code Violations

CDF Labor Law LLP on

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

BakerHostetler

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

BakerHostetler on

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

BCLP

California’s Wage Statement Law Applies to Interstate Transportation Workers

BCLP on

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 # 13

Hogan Lovells on

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

FordHarrison

California High Court Answers Many Questions Concerning the Reach of California's Employment Laws (But Leaves Some Questions...

FordHarrison on

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 Shaw LLP

OSHA Issues “Coronavirus Protection” Guidance

Seyfarth Shaw LLP on

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

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

Polsinelli

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

Polsinelli on

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

Seyfarth Shaw LLP

Does It Feels Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law. The maxim “it is extremely difficult to find someone to...more

FordHarrison

Airline Industry Alert: Washington State Supreme Court Finds SeaTac Ordinance Increasing Minimum Wage to $15 an Hour Enforceable...

FordHarrison on

In a 5-4 decision, the Washington State Supreme Court has held that Proposition 1 – an ordinance which increased the minimum wage within the city of SeaTac for employees in the hospitality and transportation industries to $15...more

Littler

DOL Releases New Regulations Expanding Leave Entitlement for Military Caregivers and Flight Crew Members

Littler on

On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010...more

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