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Wage & Hour Law Update

Tag Archives: airline deregulation act

Supreme Court Declines Skycaps’ Appeal of Tip Claim Preemption Ruling

Presumably ending the long-running litigation regarding whether certain Massachusetts skycaps’ common law claims challenging the imposition of a $2 curbside baggage handling fee that allegedly caused a reduction in tips are preempted, the U.S. Supreme Court has declined to hear an appeal of the First Circuit’s 2013 decision finding those claims preempted by the Airline… Continue Reading

Appeals Court Finds Skycaps Claims For Misappropriated Tips Preempted by Federal Law

As we previously discussed, the airline industry, like the hospitality industry, has been assailed with lawsuits alleging that tips from customers intended for certain employees—in this case, baggage handlers, a/k/a skycaps—have been misappropriated by the employer, in violation of state statutes and common law. In the airline industry, conflicting authority has emerged even within the same… Continue Reading

Federal Court Holds Federal Aviation Law Does Not Preempt Skycaps’ Claims For Gratuities Under Pennsylvania Law

  While a significant percentage of employees’ claims for gratuities emanates from the food service and hospitality industries, other industries, including Aviation, are not immune. Baggage handlers in Massachusetts, New York and Pennsylvania all have asserted claims challenging industry tip practices, alternatively alleging that the amounts paid by customers for curbside check-in are gratuities (which allegedly… Continue Reading