Julia Bernstein, et al v. Virgin America, Inc., et al

  1. July 02, 2021

    Top Transportation Rulings Of 2021: Midyear Report

    A U.S. Supreme Court ruling clarifying the limits of specific personal jurisdiction for automakers and a spate of Ninth Circuit rulings concerning California workplace regulations and the scope of federal preemption are among the biggest court decisions of the first half of 2021 impacting the transportation industry.

  2. May 04, 2021

    States, Chamber Tell 9th Circ. To Redo Virgin Air Wage Ruling

    The full Ninth Circuit should reconsider a panel decision that federal aviation laws don't preempt California meal and rest break requirements, because the ruling conflicts with precedent and could have widespread consequences, states and industry groups urged in briefs supporting Virgin America Inc.

  3. April 26, 2021

    Virgin, Flight Attendants Seek 9th Circ. Redo Of Wage Ruling

    Virgin America and flight attendants embroiled in a long-running wage and hour battle have asked the full Ninth Circuit to revisit a panel's mixed ruling on the airline's block-time pay policy and its compliance with California's meal and rest break regulations, saying the decision has far-reaching implications for the airline industry.

  4. February 26, 2021

    3 Takeaways From 9th Circ. Virgin Flight Attendants Ruling

    Airlines will face stiffer headwinds navigating various state rules on flight crew hours now that the Ninth Circuit has upheld California's meal and rest break regulations, finding they don't interfere with federal aviation safety regulations and therefore still apply to flight attendants, even those mostly working out-of-state.

  5. February 23, 2021

    9th Circ. Mostly Affirms Virgin Air Workers' $77M Wage Win

    Federal aviation laws do not preempt California requirements for meal and rest breaks because the Golden State's regulations have no direct implications for safety, the Ninth Circuit said Tuesday, upholding most of a $77 million win for flight attendants in a class action against Virgin America Inc.

  6. January 14, 2021

    Virgin Asks 9th Circ. To Scrap Calif. Workers' $77M Wage Win

    Virgin America urged the Ninth Circuit on Thursday to overturn flight attendants' $77 million wage-and-hour win, along with a $6 million attorney fees award, arguing that federal aviation safety regulations preempt the Golden State's meal-and-rest break laws and the California Supreme Court's recent Ward and Oman rulings clear it of liability.

  7. January 06, 2020

    States, Union Back Virgin Flight Attendants At 9th Circ.

    A labor union and several states urged the Ninth Circuit on Friday to uphold a group of flight attendants' $77 million win in a wage-and-hour suit against Virgin America Inc., saying state rest-break laws apply to all employers and don't interfere with federal aviation safety regulations.

  8. January 01, 2020

    Transportation Cases To Watch In 2020

    The commercial trucking, logistics and gig-economy industries' duels over the independent contractor status of drivers and couriers, as well as clashes over the scope of federal preemption are among the court battles that transportation attorneys will keep their eye on in 2020.

  9. September 04, 2019

    Feds Urge 9th Circ. To Ax Virgin Flight Attendants' $77M Win

    The federal government urged the Ninth Circuit to reject a group of flight attendants' $77 million win in a wage-and-hour suit against Virgin America Inc., saying Tuesday that foisting state rest break laws on airlines tramples existing federal aviation safety regulations and needlessly upends flight schedules and services.