News & Analysis as of

Airlines Employer Liability Issues

Tyson & Mendes LLP

The Ninth Circuit Reminds Us: Every Word Matters

Tyson & Mendes LLP on

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

Littler

With the New Year, Puerto Rico Enacts New Legislation Facilitating Remote Work and Providing Exemption to Airlines Opening...

Littler on

In the summer of 2022, Puerto Rico enacted Act 52-2022, which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011 to address the pandemic-related issue of employees...more

Littler

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

Littler on

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

Fisher Phillips

Transportation Mask Mandate Struck Down: What it Means for Employers

Fisher Phillips on

After the news yesterday that a federal court judge struck down the CDC’s mask mandate for airplanes, mass transportation, and transit hubs, many employers immediately wondered what it might mean for their business. Though...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

Verrill

DOT Service Animal Final Rule: No More Service Snakes on Planes Taking Care of HR Business

Verrill on

Those dreaming of taking to the skies next year with scaled, feathered, or furry friends may want to take a look at the recent DOT Service Animal Final Rule before making travel plans. In an employment setting, there is no...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

McAfee & Taft

Airline accused of firing executive over coronavirus family leave

McAfee & Taft on

A lawsuit filed April 16, 2020, in federal court in Pennsylvania may be the first suit filed over the new federal law created in response to the COVID-19 outbreak. Stephanie Jones, a single mother of a school-aged son, claims...more

Hogan Lovells

Coronavirus Aviation sector update - March 2020

Hogan Lovells on

Since its discovery in December 2019, the novel coronavirus that causes the disease COVID-19 has disrupted global business activity and public life on a massive and growing scale. And no one knows how long these disruptions...more

Ballard Spahr LLP

Administration, Congress Face Many Questions About Federal Relief for COVID-19 Impact

Ballard Spahr LLP on

Congress recently passed an $8.3 billion emergency spending bill to fund vaccine development, support for state and local governments, and assistance for affected small businesses. Federal lawmakers are likely to consider...more

Stinson LLP

Recommended Employer Response to Coronavirus Outbreak

Stinson LLP on

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

Franczek P.C.

CDC, OSHA Issue Guidance on Dealing with Coronavirus in the Workplace

Franczek P.C. on

Both the Center for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) have published interim guidance for employers on planning for and protecting their workplaces from exposure...more

FordHarrison

Airline Industry Alert: Dismissal of AIR21 Whistleblower Claim

FordHarrison on

On August 23, 2019, a Department of Labor Administrative Law Judge (ALJ) dismissed a claim filed against Delta Air Lines, Inc. (Delta) by former pilot Karl Seuring (Complainant) under the Wendell H. Ford Aviation Investment...more

Cozen O'Connor

Can an Airport Skycap’s Complaint About the Poor Tipping Habits of French Soccer Players Really Become a Federal Case?

Cozen O'Connor on

One of the least appreciated federal workplace laws is Section 7 of the National Labor Relations Act, the 1935 law which gives most private sector employees in the U.S. the right to form and join unions. ...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Robinson+Cole Data Privacy + Security Insider

Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration

We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more

FordHarrison

#MeToo at 30,000 Feet: The Unique Challenges the Anti-Harassment Movement Poses for the Airline Industry

FordHarrison on

The #MeToo movement has now touched nearly every U.S. workplace, and the airline industry is no exception. The impact of the anti-harassment movement on airlines, however, is unique because of the independent nature of much...more

Hogan Lovells

Employment News - November 2017

Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Open to non-members – rejection of job application because of previous union activities was unlawful. - Stevenson/Farmer review into mental health in...more

Robinson+Cole Data Privacy + Security Insider

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds Employer to High Standard for Responding to Anonymous Workplace Harassment

Employers and employees often face frustrations when trying to determine the identity of persons who engage in anonymous acts of harassment in the workplace. These acts can involve notes, graffiti, telephone messages or other...more

FordHarrison

Airline Industry Alert: Ninth Circuit Reverses Status Quo Injunction against Airline

FordHarrison on

In a unanimous decision, a panel of the United States Court of Appeals for the Ninth Circuit reversed a preliminary injunction arising out of an airline's alleged violation of the status quo provisions of the Railway Labor...more

Orrick - Employment Law and Litigation

Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more

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

Ebola in Retail Establishments? How to Prepare

News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been...more

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

First Circuit Favors Broad Application of Analogue to Airline Deregulation Act Preemption Provision

On September 30, 2014, in Massachusetts Delivery Association v. Coakley, No. 13-2307 (September 30, 2014), the First Circuit Court of Appeals overturned a lower court’s refusal to preempt a Massachusetts independent...more

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