Boof02671
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NYC sues American Airlines over employee sick leave

Thu Jul 25, 2019 11:07 pm

And you all blame the unions, now you see how AA doesn’t care about its workers.

https://apnews.com/f22148f70fe84c29933bcf709ee7433c
 
micstatic
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Re: NYC sues American Airlines over employee sick leave

Thu Jul 25, 2019 11:25 pm

I'm sure their are victims here like anything else. But I have a lot of friends who are airline pilots. I have never met a single working group in my life that abuse sick time more than pilots.
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WeatherPilot
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Re: NYC sues American Airlines over employee sick leave

Thu Jul 25, 2019 11:27 pm

The lawsuit is asking for $375,000 in restitution for just over 750 employees. Minus lawyer fees, that's what, $300 a person?
 
Boof02671
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Re: NYC sues American Airlines over employee sick leave

Thu Jul 25, 2019 11:27 pm

Nope not a pilot and stick to the topic.

Amazing how many of you think it’s ok for AA to violate the law.
 
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Re: NYC sues American Airlines over employee sick leave

Thu Jul 25, 2019 11:31 pm

Boof02671 wrote:
Nope not a pilot and stick to the topic.

Amazing how many of you think it’s ok for AA to violate the law.


It’s amazing to think how many people here are ok with violating the law, as long as they’re screwing a unionized labor force
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Cubsrule
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:05 am

DiamondFlyer wrote:
Boof02671 wrote:
Nope not a pilot and stick to the topic.

Amazing how many of you think it’s ok for AA to violate the law.


It’s amazing to think how many people here are ok with violating the law, as long as they’re screwing a unionized labor force


Ehh. Maybe there are legitimate violations. Maybe there aren’t. It’s a hair early to jump to conclusions, isn’t it? After all, we aren’t a country that judges guilt based on the say-so of the government.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:18 am

Boof02671 wrote:
now you see how AA doesn’t care about its workers.


I'm sure you see how AA doesn't care about its workers. The rest of us don't see anything other than a news story about an allegation. And the story doesn't include any proof or evidence. Why don't you wait and see if you win your lawsuit before you claim victory?
Last edited by IPFreely on Fri Jul 26, 2019 12:20 am, edited 2 times in total.
 
AA77W
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:18 am

Having worked for AA in a non-union position, I have had first-hand experience with their draconian sick leave policy. The disciplinary points system they use for sick days was often the subject of anxiety dreams at night, and those dreams lasted well beyond my tenure at AA. In my view, the sick/absence policy (and the potential punishment that accompanies it) was by far the worst part of working for AA.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:25 am

Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.
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SteelChair
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:26 am

If AA has a bad sick leave policy, people should find other employment, the economy is booming.

When I see that an activist state like NY or CA is suing a company, I immediately question the motives.
 
FCOTSTW
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:41 am

That is low and unethical. They begged for a lawsuit.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:43 am

micstatic wrote:
I'm sure their are victims here like anything else. But I have a lot of friends who are airline pilots. I have never met a single working group in my life that abuse sick time more than pilots.


Two of my friends who are airline pilots have told me the same thing. They are still young and aren't yet jaded. So they still have integrity and try to do the right thing.

I wish all the best for airline pilots. But some of them who post here might want to think about what they post. Just last week one was bragging about how much money he was making and even put the figure up. Keep that in mind when the next economic downturn hits and you get furloughed, don't expect any sympathy.
Last edited by TTailedTiger on Fri Jul 26, 2019 12:44 am, edited 1 time in total.
 
AirlineFanatic
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 12:47 am

AA77W wrote:
Having worked for AA in a non-union position, I have had first-hand experience with their draconian sick leave policy. The disciplinary points system they use for sick days was often the subject of anxiety dreams at night, and those dreams lasted well beyond my tenure at AA. In my view, the sick/absence policy (and the potential punishment that accompanies it) was by far the worst part of working for AA.


I had the same experience years ago working in passenger service at JFK. AA’s sick day policy was awful and should be reviewed.

This is how change happens.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:02 am

EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Does AA even have to comply with these laws since they’re federally preempted and conduct interstate commerce? Or is this solely for employees who work in NYC?

micstatic wrote:
I'm sure their are victims here like anything else. But I have a lot of friends who are airline pilots. I have never met a single working group in my life that abuse sick time more than pilots.

You have never met a railroad worker my friend :lol:
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:05 am

Airlines have a problem. Not just AA.

They all have a base in NYC

NYC has passed laws:

-banning sick time punishment

-banning documentation after a handful of sick calls

-banning appearance standards such as hair length or style

If you are a union employee with a CBA, and based in NYC, these sections of your contract are no longer enforceable within NYC limits

Plain and simple, the days of demanding a doctors note after 3 sick calls are over in NYC...and there isnt much your manager can do about it
 
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:38 am

Keep on topic and eliminate the personal attacks. Thank you kindly.
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Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:38 am

EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Yes they do, every CBA says when not in conflict of Federal, State, City laws.

When the law changes, it does supersede the CBA.

Was a case in Jersey a few years ago in regards to swaps, and they had to amend the law, as it changed how pay was calculated, otherwise swaps were illegal and AA stopped letting EWR employees swap, until the new law was amended.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 2:21 am

Aren't airlines governed by federal law in the USA? State and local employment laws don't apply? That's how it is in Canada anyway.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 2:22 am

Boof02671 wrote:
EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Yes they do, every CBA says when not in conflict of Federal, State, City laws.

When the law changes, it does supersede the CBA.

Was a case in Jersey a few years ago in regards to swaps, and they had to amend the law, as it changed how pay was calculated, otherwise swaps were illegal and AA stopped letting EWR employees swap, until the new law was amended.


Incorrect. For example, the State of Arizona enacted a new sick leave law that closely mirrors that of NY. It does not apply to employees currently protected by a CBA since the CBA provisions were in place prior to the law being enacted. A new CBA is in the process of being ratified, however, and once in effect, the new law provisions will apply.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 2:47 am

EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Having been in first line Management at a Major Airline. Abuse of sick leave is hard to determine unless it follows a pattern of Fridays Mondays Holidays or on continuation of a weekend if the days off are rotating at many airlines they work 5 on and 2 off with the day of by seniority. Junior guys might be Monday and Tuesday, Tues-Wed, Wed-Thur. Senior guys? Thr- Fri, Fri-Sat, Su Mo. Rarely Sat Sun. The Airline I came from? 6 on 2 off Rotating Days off, Mo-Tue, Tue-Wed, Wed-Thur. Thr,-Fri, Fri-Sat-Sun, Sat-Sun-Mon, We Later went to 9.5 Hr days with 6 on 3 off (rotating. 8 hr Shifts) and Finally 12 Hour days with 4 on and 5 off.( Rotating Shifts) It depends on the Airline and the Schedule regime.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 3:12 am

micstatic wrote:
I'm sure their are victims here like anything else. But I have a lot of friends who are airline pilots. I have never met a single working group in my life that abuse sick time more than pilots.


You couldn't be more correct if you tried. FA's are a close second.

The rest of the airline such as management, gate/ticket agents, ground crew, and maintenance seem to be fine.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 3:20 am

I think it is very debatable as to whether this law would apply to flights crews or not. NYC would have jurisdiction issues as most of the crew's work takes place outside of NY City limits in a federally regulated industry.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 3:45 am

YYZatcboy wrote:
Aren't airlines governed by federal law in the USA? State and local employment laws don't apply? That's how it is in Canada anyway.


A.net so so far off base as usual.

Cities and states are sovereign governments. They have authority to do whatever they please within their territories as long as it does not conflict with the US constitution.

Airlines are not immune. If they don't want to face these government policies then they cannot do business in these territories. Cities and states can even pass laws that directly target existing CBA's. It was common during the railroad boom era and still possible today.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 3:57 am

EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.



Exactly.

And we're talking New York, a city government that has run amock.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 3:58 am

micstatic wrote:
I'm sure their are victims here like anything else. But I have a lot of friends who are airline pilots. I have never met a single working group in my life that abuse sick time more than pilots.


I am going to call B.S. on that one. In my three years as an airline pilot I have never called in sick. I have used two commuter clauses because I couldn't get to work, and I have driven sometimes between three airports to get to work. Your blanket statement is patently false.
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OKCDCA
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 4:08 am

Varsity1 wrote:
YYZatcboy wrote:
Aren't airlines governed by federal law in the USA? State and local employment laws don't apply? That's how it is in Canada anyway.


A.net so so far off base as usual.

Cities and states are sovereign governments. They have authority to do whatever they please within their territories as long as it does not conflict with the US constitution.

Airlines are not immune. If they don't want to face these government policies then they cannot do business in these territories. Cities and states can even pass laws that directly target existing CBA's. It was common during the railroad boom era and still possible today.

Actually not very far off base. Airlines are engaged in interstate commerce, not intrastate commerce, therefore they are federally preempted in most cases. They also fall under the Railway Labor Act which directs negotiations between the carriers and unions, essentially preventing the unions from striking without proper authorization and actually being prohibited from striking should Congress intervene in the carriers favor.

Now, where things may differ between railroads and airlines is the level of state and local involvement with respect to employees. At the railroad, states cannot (and have tried and failed) to enact legislation related to train crews and train operations. As long as a railroad is classified as a common carrier with the Surface Transportation Board about the only thing a state can do is mandate crossing arms on a grade crossing. Local communities might as well forget it.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 4:58 am

Varsity1 wrote:
YYZatcboy wrote:
Aren't airlines governed by federal law in the USA? State and local employment laws don't apply? That's how it is in Canada anyway.


A.net so so far off base as usual.

Cities and states are sovereign governments. They have authority to do whatever they please within their territories as long as it does not conflict with the US constitution.

Airlines are not immune. If they don't want to face these government policies then they cannot do business in these territories. Cities and states can even pass laws that directly target existing CBA's. It was common during the railroad boom era and still possible today.


That's not entirely accurate; there's actually litigation going on right now from A4A members vs. more than one state and/or local government regarding CBAs covering flight crews, as they conduct interstate commerce, which is under the control of federal government regulation, not state or local.

So for your CSAs, rampers, res agents, and other employees who work in one location only, yes, state or local laws can supersede provisions in a CBA provided the CBA goes into effect after that state or local law does. A4A is arguing, correctly, by most legal scholars, that state or local laws cannot apply to pilots or flight attendants conducting interstate commerce as they simply lack jurisdiction.

There's also the practicality of implementing those varying laws; say you're a Seattle-based flight attendant, but you live in Phoenix, and you're flying a SANSEA, SEAJFK line. You call out sick in SAN - whose leave laws apply? Arizona, since that's where you live? California, since that's where you called out sick? Washington, since that's where you're based? What about the laws now asserting a flight crew has to take a break after 2 hours of service? Does that SEAJFK crew have to stop inflight service for 15 minutes over Denver?

Anyway, you get the idea. Employees who live and work in the same location can be impacted and subjected to local or state laws, but employees conducting interstate commerce cannot. Or at least that's what is being argued in court.
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alasizon
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 5:20 am

EA CO AS wrote:
Anyway, you get the idea. Employees who live and work in the same location can be impacted and subjected to local or state laws, but employees conducting interstate commerce cannot. Or at least that's what is being argued in court.


There is also the argument going around as to what the CBA has to meet in terms of minimal accrual rates for sick time; whether it is the state in which the airline is based, the state in which the employee is based or the state in which the employee does the most work (the latter is mostly only applicable to AA's PHX base and AS who do majority of their flying not touching their home state).

One or two of the states also have language that specifically states that employees covered by a CBA are not covered under the new law.

The piece that hopefully isn't further clarified in this case is whether or not points are considered actually disciplinary. Almost every company uses some sort of points or occurrence system for attendance and the thinking behind the current methods is that the points/occurrences themselves aren't disciplinary, rather only the corrective action served as a result of reaching said level of points/occurrences is disciplinary. Large scale changes to the attendance policies/penalties causes lots of headaches for both employees and the employers.
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Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 5:23 am

EA CO AS wrote:
Boof02671 wrote:
EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Yes they do, every CBA says when not in conflict of Federal, State, City laws.

When the law changes, it does supersede the CBA.

Was a case in Jersey a few years ago in regards to swaps, and they had to amend the law, as it changed how pay was calculated, otherwise swaps were illegal and AA stopped letting EWR employees swap, until the new law was amended.


Incorrect. For example, the State of Arizona enacted a new sick leave law that closely mirrors that of NY. It does not apply to employees currently protected by a CBA since the CBA provisions were in place prior to the law being enacted. A new CBA is in the process of being ratified, however, and once in effect, the new law provisions will apply.

Not wrong, gave a clear example of it.
 
Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 5:30 am

Also airline employees in NY and CA are paid weekly per State laws even though the CBAs say biweekly.

Yet another example.
 
Antarius
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 5:49 am

Boof02671 wrote:
And you all blame the unions, now you see how AA doesn’t care about its workers.

https://apnews.com/f22148f70fe84c29933bcf709ee7433c


If AA screwed up, then they will be punished - no problem with that.

My issue is that now all of a sudden courts are acceptable, while when the judge slapped down a TRO, it wasnt. Hypocrisy.
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Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 6:02 am

Apples and oranges comparison, and it’s the city that is suing AA, not the unions
 
Antarius
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 6:06 am

Hypocrisy. Either believe in the justice system or dont. Who is suing is meaningless as anyone can sue anyone.

Logic is clearly wasted here while peddling a propaganda agenda, but nice try shilling.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 6:14 am

Boof02671 wrote:
Not wrong, gave a clear example of it.


The CBA for the CSAs, res agents, and unionized office employees for AS is being ratified right now, but as the old CBA is still in effect, the AZ state leave laws aren't in play as they are for other employers in the State of Arizona, and the IAM agrees with this. Not sure how much clearer I can make this, but local/state laws do not supersede an existing CBA.
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Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 7:10 am

Then explain why the State of NJ made AA pay overtime when someone was working a swap?

Explain why then did AA stop all employees in NJ from working swaps which is contractual right to work?

Explain why the IAM and TWU had to get the State of NJ to amend the law to stop paying OT for employees working swaps so employees could work swaps?

Explain how the ramp CBA states biweekly pay, yet the states of CA and NY forces AA to pay them weekly?

You are wrong, two clear cut cases of how state laws superseded the CBA.

From the IAM LUS CBA

“Should any part or provision of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, such invalidation of any part or provision of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect”
 
Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 7:49 am

CBS news

https://www.cbsnews.com/news/american-a ... sick-time/

New York City Press Release

https://www1.nyc.gov/site/dca/media/pr0 ... t-American

“All workers in New York City are entitled to paid safe and sick leave and American Airlines is not above the law. Workers in major transportation hubs where thousands of people pass through everyday should not have to choose between going into work sick or getting in trouble for exercising their right to take a sick day,” said DCWP Commissioner Lorelei Salas. “American Airlines has violated their ground crew’s rights by engaging in practices that make workers afraid to exercise their rights because they will be disciplined for using a sick day. Not only are these practices illegal, but it is disappointing when an employer puts business above their own employees’ health. We will not tolerate any employer that violates employees’ rights to their paid safe and sick leave.”

Under New York City’s Paid Safe and Sick Leave Law, employers with five or more employees who work more than 80 hours per calendar year in New York City must provide paid safe and sick leave to employees. Employers with fewer than five employees must provide unpaid safe and sick leave. All covered employers are required to provide their employees with the Notice of Employee of Rights that includes information in English and, if available on the DCWP website, the employee’s primary language. Employers must provide the notice on the first day of an employee’s employment. Employers must have a written sick leave policy that meets or exceeds the requirements of the Law.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 8:03 am

So are only Ground Crew affected?.
 
Boof02671
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 8:24 am

In this suit.

But Delta was accused by three flight attendants and NYC before

https://www.nydailynews.com/news/nation ... -1.2966827
 
INFINITI329
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 8:41 am

EA CO AS wrote:
Boof02671 wrote:
EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Yes they do, every CBA says when not in conflict of Federal, State, City laws.

When the law changes, it does supersede the CBA.

Was a case in Jersey a few years ago in regards to swaps, and they had to amend the law, as it changed how pay was calculated, otherwise swaps were illegal and AA stopped letting EWR employees swap, until the new law was amended.


Incorrect. For example, the State of Arizona enacted a new sick leave law that closely mirrors that of NY. It does not apply to employees currently protected by a CBA since the CBA provisions were in place prior to the law being enacted. A new CBA is in the process of being ratified, however, and once in effect, the new law provisions will apply.


The Arizona law you cite has clear language with respect to CBA's
A.R.S. Sec. 5-23-381 - All or any portion of the earned paid sick time requirements of this article shall not apply to employees covered by a valid collective bargaining agreement, to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. No provisions of article 8.1 shall apply to employees covered by a collective bargaining agreement in effect on the effective date of this act until the stated expiration date in the collective bargaining agreement.

I believe you are greatly mistaken that CBA's trump local laws.
 
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 10:29 am

INFINITI329 wrote:
The Arizona law you cite has clear language with respect to CBA's


And most of the leave laws crafted within the past several years have similar language regarding CBAs. Having said that, after reading the specific NYC statute, it's clear that one omits such language.

The question of whether or not a local or state law can supersede a CBA governing a workgroup that conducts interstate commerce is still being litigated, however.
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Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 10:33 am

Boof02671 wrote:
In this suit.

But Delta was accused by three flight attendants and NYC before

https://www.nydailynews.com/news/nation ... -1.2966827


And as I've pointed out, carriers have made it clear that the law cannot be applied to flight crews conducting interstate commerce. From the linked article:

Delta is confident that the local New York City sick leave law, which applies only to work being performed within New York City, cannot legally or practically be applied to flight attendants who perform nearly all of their work duties in federal air space and other jurisdictions outside of New York City," said Delta spokesman Brian Kruse.
"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan

Comments made here are my own and are not intended to represent the official position of Alaska Air Group
 
User avatar
jfklganyc
Posts: 5433
Joined: Mon Jan 05, 2004 2:31 pm

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 10:46 am

In NYC, the law does supersede the CBA in the eyes of NYC

They have taken B6 to court over FAs in same scenario

That is why if you are based in NY, you have paid leave whereas if you are based elsewhere you do not.

And, yes, legislation in NYC specifically writes in union employees under union contracts as so many employees in NYS are union members

As others have said, AA can choose not to have a base in NY...and then these laws would not apply

And

AA can fight this in court.

But it appears NYC is ready to go into the fight
 
Boof02671
Topic Author
Posts: 1626
Joined: Sun Jul 10, 2016 12:15 am

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 11:15 am

EA CO AS wrote:
Boof02671 wrote:
In this suit.

But Delta was accused by three flight attendants and NYC before

https://www.nydailynews.com/news/nation ... -1.2966827


And as I've pointed out, carriers have made it clear that the law cannot be applied to flight crews conducting interstate commerce. From the linked article:

Delta is confident that the local New York City sick leave law, which applies only to work being performed within New York City, cannot legally or practically be applied to flight attendants who perform nearly all of their work duties in federal air space and other jurisdictions outside of New York City," said Delta spokesman Brian Kruse.

And yet you totally ignored the two other examples posted.
 
Boof02671
Topic Author
Posts: 1626
Joined: Sun Jul 10, 2016 12:15 am

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 11:16 am

EA CO AS wrote:
Boof02671 wrote:
In this suit.

But Delta was accused by three flight attendants and NYC before

https://www.nydailynews.com/news/nation ... -1.2966827


And as I've pointed out, carriers have made it clear that the law cannot be applied to flight crews conducting interstate commerce. From the linked article:

Delta is confident that the local New York City sick leave law, which applies only to work being performed within New York City, cannot legally or practically be applied to flight attendants who perform nearly all of their work duties in federal air space and other jurisdictions outside of New York City," said Delta spokesman Brian Kruse.

If they are based there and pay taxes they most certainly are affected.
 
Boof02671
Topic Author
Posts: 1626
Joined: Sun Jul 10, 2016 12:15 am

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 11:18 am

 
Boof02671
Topic Author
Posts: 1626
Joined: Sun Jul 10, 2016 12:15 am

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 11:24 am

EA CO AS wrote:
Boof02671 wrote:
In this suit.

But Delta was accused by three flight attendants and NYC before

https://www.nydailynews.com/news/nation ... -1.2966827


And as I've pointed out, carriers have made it clear that the law cannot be applied to flight crews conducting interstate commerce. From the linked article:

Delta is confident that the local New York City sick leave law, which applies only to work being performed within New York City, cannot legally or practically be applied to flight attendants who perform nearly all of their work duties in federal air space and other jurisdictions outside of New York City," said Delta spokesman Brian Kruse.

Ground employees are working planes that perform interstate commerce. And someone calling in sick doesn’t stop interstate commerce, which is the RLA’s main purpose.

And those Delta flight attendants are not covered by the RLA as they don’t work under a CBA.
 
Brickell305
Posts: 627
Joined: Sat Jun 24, 2017 2:07 pm

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:06 pm

EA CO AS wrote:
Newly-implemented state or local leave laws do not supersede a collective bargaining agreement's provisions that were in effect prior to the law being enacted. If a new contract comes into effect after the law, then the company has to abide by them, so that may be what's going on here.

Yes they do. What are you talking about?
 
mia
Posts: 873
Joined: Mon Mar 01, 2004 1:40 am

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:20 pm

SteelChair wrote:
When I see that an activist state like NY or CA is suing a company, I immediately question the motives.


When I see people use terms like "activist state" I immediately question their world view. Suddenly, for someone like you, its OK for a government not to enforce the law?

I am not one to jump to conclusions. There are allegations of violation of a law by a company, that's normally what you do when you file suit. In this country were are innocent until proven guilty, fortunately. The process will work to its conclusion. However, groups of people love to obviate the process when its not beneficial to bolster their view of the world. Why have a sick leave law if employers can violate it without repercussion?
"Like all great travelers, I have seen more than I remember, and remember more than I have seen."
 
User avatar
cougar15
Posts: 1416
Joined: Thu Sep 05, 2013 6:10 pm

Re: NYC sues American Airlines over employee sick leave

Fri Jul 26, 2019 1:25 pm

Boof02671 wrote:
And you all blame the unions, now you see how AA doesn’t care about its workers.

https://apnews.com/f22148f70fe84c29933bcf709ee7433c



..and here was me thinking, one line threads with a link only were against forum rules?
some you lose, others you can´t win!

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