Executive Summary: The Federal Aviation Administration (“FAA”) has recently proposed a potentially costly rule requiring repair stations located outside the United States to implement programs for drug and alcohol testing of...more
12/15/2023
/ Aviation Industry ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Federal Aviation Administration (FAA) ,
NPRM ,
Operation & Maintenance ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more
Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more
4/19/2022
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Good Faith ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions
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
3/15/2021
/ Airline Employees ,
Airlines ,
Aviation Industry ,
Class Action ,
Delta Airlines ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Labor Regulations ,
Non-Residents ,
Over-Time ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
United Airlines ,
Wage and Hour
On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19....more
Executive Summary: On July 22, 2020, in a response to an increase in reported coronavirus cases in the area, the District of Columbia expanded mask requirements in a Mayoral Order that takes immediate effect....more
Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more
Executive Summary: In what Virginia Governor Ralph Northam described as a response to an “absence of federal guidelines,” Virginia became the first state in the U.S. to establish and implement emergency workplace safety...more
7/17/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Notice Requirements ,
Personal Protective Equipment ,
Public Health ,
Risk Management ,
Sick Employees ,
Social Distancing ,
State Labor Laws ,
Workplace Safety
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
10/18/2019
/ AFL-CIO ,
Airline Deregulation Act ,
Airline Employees ,
Aviation Industry ,
Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Employer Liability Issues ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Preemption ,
Sick Leave ,
State and Local Government ,
Unions ,
Wage and Hour
In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more
9/13/2019
/ Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Violations ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions
The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory...more
On November 13, 2017, the Department of Transportation (DOT) announced that it is amending its drug-testing program to require testing for synthetic opioids. The new DOT regulations now harmonize with the Department of Health...more
In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for...more
The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more
Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties...more