Airlines
We know the airline industry has unique characteristics and tailor our advice, problem-solving, and litigation strategy accordingly. We understand carriers operate in a heavily regulated environment that necessitates, for example, knowledge of specialized employee credentialing and certification, and awareness of carrier-specific pay and scheduling rules. We understand that some airline employees work in multiple jurisdictions every day. We understand that many employment and benefits laws have special carve-outs or applications to airline employees. We understand that airlines are generally highly unionized, and maintaining good labor relations is critical. We use our knowledge, partner with our clients, and find the best legal solutions in this complex environment.
HOW WE HELP
We have a team of counselors, negotiators, and litigators who know the industry. We have deep knowledge of federal, state, and local laws, including airport-specific laws and airline carveouts. We also have extensive experience in industry-specific litigation forums, including before the National Mediation Board, System Boards of Adjustment, the Federal Aviation Administration, and the National Safety Transportation Board.
Our skill is built on years of experience working with air carriers and their service providers. Whether it’s employment litigation, labor arbitration, collective bargaining, handling administrative matters, or advising on compliance with industry-specific employment-related regulatory laws, our team is equipped to help airlines and their service providers handle the most challenging matters with precision and skill.
OUR SERVICES
We have experience in all aspects of employment, labor, and benefits law that airlines and their service providers face, including:
Employment Counseling:
- Recruiting compliance and other advice, including advising on industry-specific pipeline programs
- Background screening compliance and advice, including advice pertaining to screening of pilots (PRIA/PRD) and to screening associated with TSA/airport security
- DOT and non-DOT drug and alcohol testing compliance
- Wage and hour compliance, including related industry exemptions and specific challenges
- Leave compliance, including related industry exemptions and specific challenges
- Multijurisdictional employment law compliance, including for highly mobile workforces
- Airport-related compliance, including with minimum wage, health benefits, leave, the Pilot Records Database (PRD), and other laws
- Workplace safety advice associated with airport operations
- Labor and employment aspects of cross-border, multijurisdictional M&A transactions, including due diligence, transaction agreement negotiation, pre-closing employee transfer analysis, including automatic transfer legislation impact, employment document preparation, information and consultation processes, key talent retention, and post-close integration of employees.
- Employment contract and policy development for global workforces across over 120 jurisdictions worldwide.
- Individual and large-scale multicountry restructuring and reduction-in-force initiatives.
Employment Litigation:
- Complex pilot-related litigation
- Industry-targeted wage and hour litigation
- Industry-targeted sick leave litigation
- Industry-targeted USERRA litigation
- AIR 21 litigation, including charge work before OSHA and litigation before the Office of Administrative Law Judges (OALJ)
- NTSB litigation related to employment matters, including drug and alcohol testing refusals
- Routine employment litigation and charge work
- Airline-specific affirmative defenses related to deregulation, aviation safety, aviation security, and the Railway Labor Act
Labor Relations:
- CBA compliance counseling
- System Board of Adjustment arbitrations
- Section 6 negotiations
- Mediation-related advice and counseling
- Release and strike preparation advice and counseling
- NMB representation proceedings
- Labor litigation under Sections 2, Third, and Fourth
- Major and minor dispute litigation
- Merger and acquisition-related counseling and negotiations
- NMB merger-related proceedings
- Scope advice and counseling
Employee Benefits:
- Airline employee pension plans, including pilot pension plans
- Pilot long-term disability VEBAs
- Bargained-for benefits committee advice and counseling
- Airline-specific advice and counseling across all 50 states and their municipalities.
- Policy consulting on local mandates (e.g., airport ordinances dictating specific benefit offerings)
- Executive employment and separation agreements and equity compensation documents
- Airline-specific transactional executive compensation and benefits matters, including short- and long-term incentives for senior management following consolidation
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients. We are responsive and collaborate closely with our clients on staffing and pricing models.
Employment Counseling:
- Recruiting compliance and other advice, including advising on industry-specific pipeline programs
- Background screening compliance and advice, including advice pertaining to screening of pilots (PRIA/PRD) and to screening associated with TSA/airport security
- DOT and non-DOT drug and alcohol testing compliance
- Wage and hour compliance, including related industry exemptions and specific challenges
- Leave compliance, including related industry exemptions and specific challenges
- Multijurisdictional employment law compliance, including for highly mobile workforces
- Airport-related compliance, including with minimum wage, health benefits, leave, the Pilot Records Database (PRD), and other laws
- Workplace safety advice associated with airport operations
- Labor and employment aspects of cross-border, multijurisdictional M&A transactions, including due diligence, transaction agreement negotiation, pre-closing employee transfer analysis, including automatic transfer legislation impact, employment document preparation, information and consultation processes, key talent retention, and post-close integration of employees.
- Employment contract and policy development for global workforces across over 120 jurisdictions worldwide.
- Individual and large-scale multicountry restructuring and reduction-in-force initiatives.
Employment Litigation:
- Complex pilot-related litigation
- Industry-targeted wage and hour litigation
- Industry-targeted sick leave litigation
- Industry-targeted USERRA litigation
- AIR 21 litigation, including charge work before OSHA and litigation before the Office of Administrative Law Judges (OALJ)
- NTSB litigation related to employment matters, including drug and alcohol testing refusals
- Routine employment litigation and charge work
- Airline-specific affirmative defenses related to deregulation, aviation safety, aviation security, and the Railway Labor Act
Labor Relations:
- CBA compliance counseling
- System Board of Adjustment arbitrations
- Section 6 negotiations
- Mediation-related advice and counseling
- Release and strike preparation advice and counseling
- NMB representation proceedings
- Labor litigation under Sections 2, Third, and Fourth
- Major and minor dispute litigation
- Merger and acquisition-related counseling and negotiations
- NMB merger-related proceedings
- Scope advice and counseling
Employee Benefits:
- Airline employee pension plans, including pilot pension plans
- Pilot long-term disability VEBAs
- Bargained-for benefits committee advice and counseling
- Airline-specific advice and counseling across all 50 states and their municipalities.
- Policy consulting on local mandates (e.g., airport ordinances dictating specific benefit offerings)
- Executive employment and separation agreements and equity compensation documents
- Airline-specific transactional executive compensation and benefits matters, including short- and long-term incentives for senior management following consolidation
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients. We are responsive and collaborate closely with our clients on staffing and pricing models.
Recent Representative Experience:
- Represented a mainline carrier in a class action under the Illinois Genetic Information Privacy Act (“GIPA”), successfully reducing the case from thousands of potential class members to a single plaintiff and one allegation
- Won motion to dismiss for a mainline carrier in a purported class action on a pre-certification basis under state equal pay law
- Won summary judgment, and successfully defended an appeal, a mainline carrier on disability discrimination and failure-to-accommodate claims under a state discrimination law
- Representing a mainline carrier in a multimillion-dollar class action grievance arbitration with pilots over COVID 19-related pay disputes
- Won summary judgment on behalf of a mainline carrier in a religious discrimination lawsuit under Title VII and state law
- Won discharge arbitration involving adulteration of drug test in a case involving interpretation of DOT/FAA drug testing regulations and expert witnesses related to the same
- Successfully defended an election application filed by airport workers, resulting in the dismissal of the application by the NMB
- Represented a mainline carrier in more than 20 labor arbitrations involving pilots, flight attendants, mechanics, and airport employees over the calendar year, resulting in multiple denials of grievances and successful settlements
- Managed labor integration matters before the NMB
- Won summary judgment for a mainline carrier and a flight attendant union in a Title VII and state law religious discrimination suit, obtaining dismissal with prejudice of claims brought by two former flight attendants.
- Won summary judgment on behalf of a mainline carrier on disability discrimination, failure to accommodate, and retaliation claims.
- Advised on post-merger employee integration strategy throughout APAC and guided employment documentation roll-out process.
- Counseled on employment aspects of entry into new country markets, taking into consideration airline industry nuances.
We know the airline industry has unique characteristics and tailor our advice, problem-solving, and litigation strategy accordingly. We understand carriers operate in a heavily regulated environment that necessitates, for example, knowledge of specialized employee credentialing and certification, and awareness of carrier-specific pay and scheduling rules. We understand that some airline employees work in multiple jurisdictions every day. We understand that many employment and benefits laws have special carve-outs or applications to airline employees. We understand that airlines are generally highly unionized, and maintaining good labor relations is critical. We use our knowledge, partner with our clients, and find the best legal solutions in this complex environment.
HOW WE HELP
We have a team of counselors, negotiators, and litigators who know the industry. We have deep knowledge of federal, state, and local laws, including airport-specific laws and airline carveouts. We also have extensive experience in industry-specific litigation forums, including before the National Mediation Board, System Boards of Adjustment, the Federal Aviation Administration, and the National Safety Transportation Board.
Our skill is built on years of experience working with air carriers and their service providers. Whether it’s employment litigation, labor arbitration, collective bargaining, handling administrative matters, or advising on compliance with industry-specific employment-related regulatory laws, our team is equipped to help airlines and their service providers handle the most challenging matters with precision and skill.
OUR SERVICES
We have experience in all aspects of employment, labor, and benefits law that airlines and their service providers face, including:
Employment Counseling:
- Recruiting compliance and other advice, including advising on industry-specific pipeline programs
- Background screening compliance and advice, including advice pertaining to screening of pilots (PRIA/PRD) and to screening associated with TSA/airport security
- DOT and non-DOT drug and alcohol testing compliance
- Wage and hour compliance, including related industry exemptions and specific challenges
- Leave compliance, including related industry exemptions and specific challenges
- Multijurisdictional employment law compliance, including for highly mobile workforces
- Airport-related compliance, including with minimum wage, health benefits, leave, the Pilot Records Database (PRD), and other laws
- Workplace safety advice associated with airport operations
- Labor and employment aspects of cross-border, multijurisdictional M&A transactions, including due diligence, transaction agreement negotiation, pre-closing employee transfer analysis, including automatic transfer legislation impact, employment document preparation, information and consultation processes, key talent retention, and post-close integration of employees.
- Employment contract and policy development for global workforces across over 120 jurisdictions worldwide.
- Individual and large-scale multicountry restructuring and reduction-in-force initiatives.
Employment Litigation:
- Complex pilot-related litigation
- Industry-targeted wage and hour litigation
- Industry-targeted sick leave litigation
- Industry-targeted USERRA litigation
- AIR 21 litigation, including charge work before OSHA and litigation before the Office of Administrative Law Judges (OALJ)
- NTSB litigation related to employment matters, including drug and alcohol testing refusals
- Routine employment litigation and charge work
- Airline-specific affirmative defenses related to deregulation, aviation safety, aviation security, and the Railway Labor Act
Labor Relations:
- CBA compliance counseling
- System Board of Adjustment arbitrations
- Section 6 negotiations
- Mediation-related advice and counseling
- Release and strike preparation advice and counseling
- NMB representation proceedings
- Labor litigation under Sections 2, Third, and Fourth
- Major and minor dispute litigation
- Merger and acquisition-related counseling and negotiations
- NMB merger-related proceedings
- Scope advice and counseling
Employee Benefits:
- Airline employee pension plans, including pilot pension plans
- Pilot long-term disability VEBAs
- Bargained-for benefits committee advice and counseling
- Airline-specific advice and counseling across all 50 states and their municipalities.
- Policy consulting on local mandates (e.g., airport ordinances dictating specific benefit offerings)
- Executive employment and separation agreements and equity compensation documents
- Airline-specific transactional executive compensation and benefits matters, including short- and long-term incentives for senior management following consolidation
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients. We are responsive and collaborate closely with our clients on staffing and pricing models.
Employment Counseling:
- Recruiting compliance and other advice, including advising on industry-specific pipeline programs
- Background screening compliance and advice, including advice pertaining to screening of pilots (PRIA/PRD) and to screening associated with TSA/airport security
- DOT and non-DOT drug and alcohol testing compliance
- Wage and hour compliance, including related industry exemptions and specific challenges
- Leave compliance, including related industry exemptions and specific challenges
- Multijurisdictional employment law compliance, including for highly mobile workforces
- Airport-related compliance, including with minimum wage, health benefits, leave, the Pilot Records Database (PRD), and other laws
- Workplace safety advice associated with airport operations
- Labor and employment aspects of cross-border, multijurisdictional M&A transactions, including due diligence, transaction agreement negotiation, pre-closing employee transfer analysis, including automatic transfer legislation impact, employment document preparation, information and consultation processes, key talent retention, and post-close integration of employees.
- Employment contract and policy development for global workforces across over 120 jurisdictions worldwide.
- Individual and large-scale multicountry restructuring and reduction-in-force initiatives.
Employment Litigation:
- Complex pilot-related litigation
- Industry-targeted wage and hour litigation
- Industry-targeted sick leave litigation
- Industry-targeted USERRA litigation
- AIR 21 litigation, including charge work before OSHA and litigation before the Office of Administrative Law Judges (OALJ)
- NTSB litigation related to employment matters, including drug and alcohol testing refusals
- Routine employment litigation and charge work
- Airline-specific affirmative defenses related to deregulation, aviation safety, aviation security, and the Railway Labor Act
Labor Relations:
- CBA compliance counseling
- System Board of Adjustment arbitrations
- Section 6 negotiations
- Mediation-related advice and counseling
- Release and strike preparation advice and counseling
- NMB representation proceedings
- Labor litigation under Sections 2, Third, and Fourth
- Major and minor dispute litigation
- Merger and acquisition-related counseling and negotiations
- NMB merger-related proceedings
- Scope advice and counseling
Employee Benefits:
- Airline employee pension plans, including pilot pension plans
- Pilot long-term disability VEBAs
- Bargained-for benefits committee advice and counseling
- Airline-specific advice and counseling across all 50 states and their municipalities.
- Policy consulting on local mandates (e.g., airport ordinances dictating specific benefit offerings)
- Executive employment and separation agreements and equity compensation documents
- Airline-specific transactional executive compensation and benefits matters, including short- and long-term incentives for senior management following consolidation
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients. We are responsive and collaborate closely with our clients on staffing and pricing models.
Recent Representative Experience:
- Represented a mainline carrier in a class action under the Illinois Genetic Information Privacy Act (“GIPA”), successfully reducing the case from thousands of potential class members to a single plaintiff and one allegation
- Won motion to dismiss for a mainline carrier in a purported class action on a pre-certification basis under state equal pay law
- Won summary judgment, and successfully defended an appeal, a mainline carrier on disability discrimination and failure-to-accommodate claims under a state discrimination law
- Representing a mainline carrier in a multimillion-dollar class action grievance arbitration with pilots over COVID 19-related pay disputes
- Won summary judgment on behalf of a mainline carrier in a religious discrimination lawsuit under Title VII and state law
- Won discharge arbitration involving adulteration of drug test in a case involving interpretation of DOT/FAA drug testing regulations and expert witnesses related to the same
- Successfully defended an election application filed by airport workers, resulting in the dismissal of the application by the NMB
- Represented a mainline carrier in more than 20 labor arbitrations involving pilots, flight attendants, mechanics, and airport employees over the calendar year, resulting in multiple denials of grievances and successful settlements
- Managed labor integration matters before the NMB
- Won summary judgment for a mainline carrier and a flight attendant union in a Title VII and state law religious discrimination suit, obtaining dismissal with prejudice of claims brought by two former flight attendants.
- Won summary judgment on behalf of a mainline carrier on disability discrimination, failure to accommodate, and retaliation claims.
- Advised on post-merger employee integration strategy throughout APAC and guided employment documentation roll-out process.
- Counseled on employment aspects of entry into new country markets, taking into consideration airline industry nuances.