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Articles by Molly Gabel
FAA Issues Notice on New Merit-Based Pilot Hiring Requirement | JD Supra
Executive Summary The FAA has announced a new mandatory Operations Specification, OpSpec A134, that will require all Part 121 carriers to ensure pilot hiring is conducted strictly on a merit‑based basis. This development stems from federal directives aimed at eliminating race‑ and sex‑based preferences in safety‑critical roles. Although OpSpec A134 is not yet effective, it is moving through the FAA’s non‑emergency amendment process, which imposes extremely short timelines for carrier response.
Derivative Carriers Don't Exist In The Air Industry, Says The NMB In Swissport
In a recent advisory opinion following the National Labor Relations Board's (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party ground service provider for airlines (i.e., a "derivative carrier").
Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport | JD Supra
In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party ground service provider for airlines (i.e., a “derivative carrier”).
The WA Employee Free Choice Act - Washington’s Prohibition on Mandatory Employer Meetings about Religious, Political, and Union Matters
Seyfarth Synopsis: Washington is one of eight states[1] with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing.
Employment and HR
Washington is one of eight states1 with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing.
The WA Employee Free Choice Act – Washington’s Prohibition on Mandatory Employer Meetings about Religious, Political, and Union Matters | JD Supra
Washington is one of eight states[1] with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing.
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees
By Molly Gabel and Rachael Reed Seyfarth Synopsis: On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees.
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees | JD Supra
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees.
NLRB Expands Section 7 Protections To Workers Who Advocate For Nonemployees
On August 31, 2023, the National Labor Relations Board's Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees' efforts to advocate for nonemployees.
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees
By: Molly Gabel and Rachael Reed On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees.
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees.
NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees.
The Supreme Court And Seniority: What Groff V. DeJoy Means For Workplaces With Seniority-Based Bidding Systems - Employee Rights/ Labour Relations - United States
Seyfarth Synopsis: The U.S. Supreme Court's decision in Groff v. DeJoy clarifies that for employers to deny accommodation to an employee under Title VII, they must demonstrate "substantial increased costs" in conducting their business, a definition going beyond "de minimis" hardship. However, the Court refrained from undermining Title VII's special statutory protection for seniority systems.
The Supreme Court and Seniority: What Groff v. DeJoy Means for Workplaces with Seniority-Based Bidding Systems | JD Supra
Seyfarth Synopsis: The U.S. Supreme Court’s decision in Groff v. DeJoy clarifies that for employers to deny accommodation to an employee under Title VII, they must demonstrate “substantial increased costs” in conducting their business, a definition going beyond “de minimis” hardship. However, the Court refrained from undermining Title VII’s special statutory protection for seniority systems.
The Supreme Court and Seniority: What Groff v. DeJoy Means for Workplaces with Seniority-Based Bidding Systems
Seyfarth Synopsis: The U.S. Supreme Court’s decision in Groff v. DeJoy clarifies that for employers to deny accommodation to an employee under Title VII, they must demonstrate “substantial increased costs” in conducting their business, a definition going beyond “de minimis” hardship. However, the Court refrained from undermining Title VII’s special statutory protection for seniority systems.
Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings | JD Supra
NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb. 1, 2022), which issued earlier today. Section 10(j) of the NLRA, 29 U.S.C. § 160(j), enables the General Counsel to seek injunctive relief in federal district court when the General Counsel can show normal NLRB processes will take too long to effectively remedy the unfair labor practice.
Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings
United States: Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings 03 February 2022 by Molly Gabel and Kyllan B. Kershaw Seyfarth Shaw LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb.
Supreme Court Asked To Assess Whether City Of Seattle's Hotel Workers Insurance Ordinance Is Preempted
To print this article, all you need is to be registered or login on Mondaq.com. Seyfarth Synopsis: A City of Seattle ordinance requires large hotels and related businesses to give workers either health insurance coverage or additional compensation. Earlier this month, the ERISA Industry Committee (ERIC) petitioned the U.S. Supreme Court, seeking a determination of whether this ordinance is preempted by the federal Employee Retirement Income Security Act of 1974, as amended (ERISA).
Supreme Court Asked to Assess Whether City of Seattle’s Hotel Workers Insurance Ordinance Is Preempted. | JD Supra Original
Seyfarth Synopsis: A City of Seattle ordinance requires large hotels and related businesses to give workers either health insurance coverage or additional compensation. Earlier this month, the ERISA Industry Committee (ERIC) petitioned the U.S. Supreme Court, seeking a determination of whether this ordinance is preempted by the federal Employee Retirement Income Security Act of 1974, as amended (ERISA).
Air Carrier’s Good-Faith Belief It Was Complying With California Wage Laws Precludes Penalties, District Court Rules | JD Supra
Seyfarth Synopsis: Recent decisions from the California Supreme Court and Ninth Circuit Court of Appeals found that at least some of California’s wage and hour laws can apply to flight crew domiciled in the Golden State if crew do not spend a majority of their work time in any other state.
D.C. District Affirms the NMB’s Decertification Rule | JD Supra
Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor Act and a two-year period of repose under which the NMB cannot conduct an election following a decertification.
D.C. District Affirms the NMB’s Decertification Rule
By Molly Gabel Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor Act and a two-year period of repose under which the NMB cannot conduct an election following a decertification.
Potential Path for Carriers and Employers to Enjoin Strikes over COVID-19 Issues: Court Rejects Union’s Effort to Use Safety Statute to Justify Illegal Strike | Seyfarth Shaw LLP - JDSupra
Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months. Whether such strike activity is subject to no-strike clauses under the National Labor Relations Act or to mandatory bargaining and dispute resolution procedures under the Railway Labor Act has been a question on unionized employers’ minds.
New York State Passes Healthy Terminals Act | JD Supra
Seyfarth Synopsis: Over a year since it was introduced, the New York State Senate and Assembly recently passed the Healthy Terminals Act. The Act, among other things, gives the government the authority to set prevailing wages and overtime rates for covered airport workers. At this time, it is unclear whether Governor Cuomo will sign the Act.
New York State Passes Healthy Terminals Act
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Html.Raw(Washington State Mandates Protections For "High-Risk" Employees Including Continuation Of Employer-Related Health Insurance Benefits - Coronavirus (COVID-19) - United States)
To print this article, all you need is to be registered or login on Mondaq.com. On April 13, 2020, Washington Governor Jay Inslee amended his previously issued Order 20-05, which proclaimed a state of emergency associated with the spread of COVID-19. The amended Order 20-05 provides protections for "High-Risk Employees," defined as those at a higher risk of severe illness or death from COVID-19 according to the Centers for Disease Control and Prevention.
Washington State Mandates Protections for High-Risk Employees
On April 13, Washington Gov. Jay Inslee amended his previously issued Order 20-05, which proclaimed a state of emergency associated with the spread of COVID-19. The amended Order 20-05 provides protections for "high-risk" employees, defined as those at a higher risk of severe illness or death from COVID-19, according to the U.S. Centers for Disease Control and Prevention.
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