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Documents on Labor And Employment, Aviation & Aerospace
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|Motor Carriers Face Uphill Battle After California Supreme Court Decision|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
July 30, 2014, previously published on July 29, 2014Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt an action brought under California’s Unfair Competition Law (UCL)...
|Pension protection fund changes following Olympic Airlines case|
Beth Brown, Ronan McNabb; Mayer Brown International LLP;
July 22, 2014, previously published on July 2014The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up protecting no one other than the beneficiaries of the...
|Ninth Circuit Finds FAA Preempts Safety-Related Wrongful Termination Claim|
Douglas W. Hall; Ford & Harrison LLP;
May 2, 2014, previously published on April 29, 2014Executive Summary: The Ninth Circuit has held that the Federal Aviation Act (FAA) preempts state law wrongful termination claims where their resolution would require "the factfinder to intrude upon the federally occupied field of aviation safety by deciding questions of pilot medical standards...
|Court Throws Out Union’s Railway Labor Act Challenge to Employer’s Withdrawal of Voluntary Recognition and Rejection of CBA|
Elizabeth Dougherty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 10, 2014, previously published on February 28, 2014On February 18, 2014, in Herrera v. Command Security Corp. d/b/a Aviation Safeguards, 2:12-cv-10968-SVW-RZx, the U.S. District Court for the Central District of California ruled that an employer’s withdrawal of voluntary recognition of a union and rejection of its collective bargaining...
|Pleadings for Underfunded Contract under State Law Must be Sufficiently Detailed, California Court Rules|
Jackson Lewis P.C.;
February 18, 2014, previously published on February 13, 2014Section 2810 of the California Labor Code prohibits businesses from entering into contracts for certain services, such as security and janitorial services, where the contracting party “knows or should know” the contract does not include enough funds to allow the contractor to comply...
|Supreme Court Finds Truthful Statements Made to TSA are Entitled to Immunity|
Douglas W. Hall, Thomas J. Kassin, Andrew D. McClintock; Ford & Harrison LLP;
February 18, 2014, previously published on February 11, 2014Executive Summary: The U.S. Supreme Court recently overturned a $1.2 million jury verdict on a former Air Wisconsin pilot's defamation claims, holding that the statements made by the airline to the Transportation Safety Authority (TSA) were entitled to immunity under the Aviation and Transportation...
|Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA|
W. Chris Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 5, 2014, previously published on January 28, 2014On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a pilot to the Transportation Security Administration (TSA). The Court...
|First Circuit Allows Retaliation Claim to Proceed Absent Direct Evidence of Decision Makers’ Retaliatory Animus|
Nicole S. Corvini; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
January 13, 2014, previously published on January 10, 2014The First Circuit Court of Appeals recently took an expansive view of the type of evidence that is sufficient to raise a genuine issue of material fact to defeat an employer’s motion for summary judgment in a wage and hour case. Specifically, in Travers v. Flight Services & Systems, Inc.,...
|SDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision|
Lloyd B. Chinn, Harris Michael Mufson, Daniel L. Saperstein; Proskauer Rose LLP;
October 23, 2013, previously published on October 23, 2013In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 do not apply...
|Teamsters' Attempt to Capitalize on Airline Merger Ends Up as a Big Nothing|
David P. Phippen; Constangy, Brooks & Smith, LLP;
September 2, 2013, previously published on August 2013A proposed merger of US Airways and American Airlines, two of the world's largest airlines, was a tempting target to the International Brotherhood of Teamsters, which sought to displace the unions that were representing the airlines' mechanics. But the Teamsters lost at US Airways, and walked away...