Virgin America
On January 15, the United States Court of Appeals for the Ninth Circuit heard the appeal filed by Alaska Airlines to the win granted by a district court to the Virgin America Flight Attendants in Virgin America back wage suit filed back in In the suit, filed inlead plaintiff Julia Bernstein claims Virgin failed to pay Virgin America flight attendants for all the time spent before, after and between flights, for writing up incident reports, for time spent in training and Amerida undergoing required drug tests. In Alaksa Airlines filed an appeal stating they were confident that they would have the ruling overturned challenging the application of local labor laws in the airline industry, where labor relations are typically governed by the federal Railway Labor Act.
That appeal was heard on January 15, via Zoom conference due to the coronavirus pandemic.
I am a member of the class. Monique Olivier then took over and reiterated that this case is about a California employer and California based employees and noted that those flight attendants that were based at JFK after were excluded from the class. Therefore, Virgin America only people seeking to recover time was California employees and some were also residents. She also raised the point that the airline made the choice to be based in California because it took state money and incentives to be headquartered there.
Therefore, if the duty day got extended for any reason Delta insured a flight attendant would receive pay, but Virgin America had no such protection. Virgin America also argued in regards to rest breaks, truck drivers could pull over for a break.
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