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        You are here: Home / Latest News / AFA News Now / More Details Tomorrow: AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks)

        More Details Tomorrow: AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks)

        July 7, 2022 16:39

        Master Executive Council (MEC)

        • AFA Alaska leadership is participating in the Company’s webcasts today about California meal and rest break laws.
        • It is extremely premature and unnecessarily anxiety-provoking to suggest that downsizing or closing California domiciles is anything but a worst-case scenario.
        • Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.  The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

        Alaska Airlines management is hosting a morning and afternoon webcast session today for the Inflight division about the Supreme Court of the United States (SCOTUS) decision on Bernstein v. Virgin America, the implications for California meal and rest break laws, and management’s plans to comply with the law. AFA Alaska leadership is participating in both sessions and based on this morning’s session alone we will definitely share a different perspective with our members than that being offered by management. 

        In the meantime, we offer these initial observations/opinions: 

        (1) It is extremely premature and unnecessarily anxiety-provoking of management to suggest that downsizing or closing California domiciles is anything but a worst-case scenario when the reality is that it’s anyone’s guess what actual compliance with the law will look like; and 

        (2) Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.

        The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

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        Filed Under: AFA News Now Tagged With: Bernstein, California, meal, rest, Virgin America

        Comments

        1. Sharon Olson says

          July 9, 2022 at 08:22

          This whole thing is so crazy! So what about all non CA FA’s? Are we supposed to work and care for all PAX’s while the CA FA gets breaks? So there is a medical and the CA FA is on their 30 minute dinner break and will not be responsible for the PAX? Our job is so incredibly different than being in an office. It is difficult to see how crews can work together when the “D” is a CA or the crew is CA and the D is not. Will CA FA’s be only able to fly with only CA FA’s?

          • Jeffrey Peterson (MEC President) says

            July 11, 2022 at 11:09

            All good questions. However, it’s totally unclear how CA meal & rest breaks will actually be administered in practice, so any answers to your questions would be speculation at this point. Unfortunately, we’ll have to wait and see how this develops.

        2. S says

          July 9, 2022 at 07:20

          Isn’t the lawsuit only pertaining to the specific time of the lawsuit only pertaining to virgin America ? The lawsuit was with vigin america and not with Alaska airlines? Because of the unique service it had. On demand service. That type of service, didn’t allow flight atten to have any kind of down time. Currently We at Alaska airlines DO have down time to have break and meals on long flights.
          I thought when Alaska airlines inquire virgin America it also inharit the lawsuit too. And with the sell of virgin America the money of the out come of the lawsuit was in the transaction of the sell?

          • Jeffrey Peterson (MEC President) says

            July 11, 2022 at 10:57

            Although the lawsuit itself had a narrower scope, but the decision by the 9th Circuit (now affirmed by SCOTUS) appears to have wider implications. Yes, Alaska inherited the liability of the lawsuit when Air Group purchased Virgin America. Management addressed the question about whether any settlement money was separately accounted for in the purchase transaction, and they say it was not.

        3. Therese Denigan says

          July 8, 2022 at 00:21

          In times of such uncertainty it’s important to support and keep faith in our union who are tirelessly advocating on our behalf.

        4. Angela Marie Kusman says

          July 7, 2022 at 20:06

          Looking forward to hearing more about AFA’s involvement in the lawsuit.

        5. L-VX FA says

          July 7, 2022 at 17:54

          California FAs should get paid an extra 2 hrs wages per day for each day worked, that AS does not comply with meal and rest break state laws…. from the date that SCOTUS declined to hear the lawsuit (June 30)… or am I wrong?

          https://www.calaborlaw.com/california-meal-break-law-for-employees/

          • Jeffrey Peterson (MEC President) says

            July 8, 2022 at 12:11

            On advice of counsel, AFA can generally discuss the CA meal & rest break laws and their related wage applications, but AFA cannot advise an individual about a specific wage application because it is outside our jurisdiction of collective bargaining agreement administration and disciplinary representation. It is unclear at this time what the snapback date is with regard to enforcement. We suggest you consider consulting an attorney who specializes in CA wage & hour disputes and/or file a CA labor board complaint if you believe there is a violation. So sorry we can’t be more instructive at this time!

        6. Tracey Steele says

          July 7, 2022 at 17:16

          Thank you for keeping us informed with accurate information

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