Court: Airline’s workers can’t sue as class in pay dispute

Analysis on Litigation

American Airlines workers at Newark’s airport who claim in a lawsuit they’ve been shorted on

overtime pay can’t sue as a class, a federal appeals court ruled this week.

The three-judge panel’s decision published Tuesday reversed a New Jersey judge’s ruling that

would have allowed the lawsuit to go forward and include all non-exempt hourly workers

employed at Newark Liberty International Airport since April 2014.

Several employees, including mechanics and workers responsible for tasks such as cargo

handling, filed the suit in 2016 and said American’s timekeeping system automatically paid

employees based on their schedules rather than on the hours they actually worked.

They also alleged managers regularly refused to authorize overtime pay for work performed

before and after scheduled shifts and during scheduled 30-minute lunch breaks. The lawsuit

sought back pay as well as punitive damages. American denied the allegations.

The appeals court sided with the airline, which argued that while the timekeeping system applied

to all employees, it would be wrong to group all employees into a class because it would have to

be determined on a case-by-case basis which employees worked overtime.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.