Aerospace and Aviation Industry Employment Lawyer
Navigating Florida’s employment laws related to aerospace and aviation can leave professionals unsure of where to turn. Aviation and aerospace employees often deal with contractual disputes, workplace discrimination, and wage law violations, to name a few.
Having Yormak Employment & Disability Law in your corner can make all the difference. Under the guidance of Benjamin Yormak, a board-certified expert in employment law, we help aviation and aerospace professionals fight for their rights and make informed decisions about the best course of action for their case. Contact us today for a free consultation.
Aviation Employment Laws
The aviation and aerospace industries are governed by many laws and regulations under the Federal Aviation Administration (FAA). Considering the intricate nature of these regulations, having an expert legal team might tip the scales in your favor. Below, we cover important laws for aviation and aerospace employees.
Wendell H. Ford Aviation Investment and Reform Act (AIR-21)
AIR-21 is administered and enforced by OSHA, and it protects airline employees who report safety violations from retaliation.
The Act provides employees with a much-needed layer of protection, ensuring they can carry out their roles without fear of reprisal from their employers.
AIR-21 encourages a culture of safety and transparency within the industry, contributing to air travel safety. Employees who believe they have been retaliated against for reporting safety violations may be able to file a legal complaint.
Drug Tests Mandated by Federal Regulations
As part of the safety measures in the aviation industry, federal regulations mandate drug testing for aviation employees.
The Drug Abatement Division supervises the enforcement of these tests, ensuring that employees comply with obligations detailed in the Omnibus Transportation Employees Testing Act of 1991, DOT, and FAA regulations.
The Occupational Safety and Health Act (OSHA)
This law ensures that employers provide workers with an environment free from recognized hazards that are causing or likely to cause physical harm. In the aviation industry, where safety standards should be stringently maintained, the relevance of this Act is particularly highlighted.
The Fair Labor Standards Act
This law establishes minimum wage, overtime pay, and recordkeeping standards affecting full-time and part-time workers in the private sector and federal, state, and local governments.
Representing a Broad Range of Employees in the Aerospace and Aviation Industry
The aviation and aerospace sector encompasses a broad range of employees, all of whom may require legal representation at some point in their careers. For aviation and aerospace clients, some examples of roles that may require the expertise of a seasoned employment lawyer include:
Pilots
Pilots’ expertise and focus are paramount in navigating the skies, ensuring every journey is as safe as possible. But they also face unique challenges and responsibilities. Whether it’s dealing with employment contracts, safety concerns, or discrimination, we understand the intricacies of this profession and can provide expert legal advice tailored to pilots’ needs.
Aerospace Engineers
Innovation is at the heart of what aerospace engineers do. However, the high-stakes nature of this field can lead to complex workplace issues, from nondisclosure disputes to hostile work environments. Given the competitive nature of the field, wage disputes are also a common challenge. We can help you navigate through complex employment law issues so you can focus on what you do best — innovating.
Air Traffic Controllers
Air traffic controllers are critical in maintaining aircraft, aviation personnel, and passengers’ safety. But, disputes or legal violations at work can affect their ability to do their job effectively. Such challenges not only impact the individual controller but can also have a ripple effect on the safety of air traffic operations. Our team can help protect your rights and resolve employment issues swiftly and efficiently.
Research Scientists
Research scientists’ work is crucial for tech advancements in aerospace. These professionals are the backbone of innovation in the industry, relentlessly pushing the boundaries of what’s possible. However, in this high-pressure environment, it’s not uncommon for employment issues to arise, from unpaid extra time to instances of harassment. If you’re facing workplace disputes or discrimination, we can provide the legal support you need.
Flight Attendants
Flight attendants are often the face of airlines and play a pivotal role in ensuring passenger safety and well-being. But they also face a range of employment issues, including on-call scheduling, time away from home, weekend and holiday work, unfair wages, and sexual harassment. You don’t have to face these challenges alone. Our team has the experience you need to tip the scales in your favor.
Types of Employment Issues We Can Help With
Navigating employment law can be complex and stressful, especially in the aerospace and aviation industry. But we can assist with various disputes within the sector.
Contractual Disputes
Aviation employment contracts often include detailed provisions about job duties, compensation, benefits, termination procedures, and confidentiality agreements. Misunderstandings or disagreements over these terms can lead to legal disputes.
Additionally, aviation contracts can be influenced by industry standards, union agreements, and federal regulations, adding another layer of complexity. Therefore, having our expert employment lawyers’ assistance can be invaluable.
Labor Relations and Union Activities
Whether it’s union disputes or other labor-related issues, these aspects of employment law play a significant role in the aviation and aerospace industries.
Union disputes typically arise when there’s a disagreement between the union and the employer over the interpretation or application of a contract. These situations require a deep understanding of labor law and the ability to navigate complex negotiations and legal proceedings. We are well-equipped to assist you.
Health and Safety Regulations
Health and safety regulations are paramount in the aviation and aerospace industry. These regulations are designed to ensure the safety and well-being of all employees and can include operational safety, workplace ergonomics, and exposure to hazardous environments.
Employees who have violated health and safety rights can seek legal representation and possibly even compensation. Get in touch with us today.
Equal Pay Rights Violations
Equal pay is a fundamental right protected under various federal laws, including the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. These laws prohibit employers from paying workers less than others based solely on gender.
However, despite these protections, equal pay violations still occur in aviation and aerospace. If you believe you’re a victim of these violations, seeking immediate legal advice is crucial. Our experts can help you understand if you are entitled to recover damages and even reinstatement when applicable.
Wage and Hour Laws
In aviation and aerospace, wage and hour law issues often revolve around wrong payment practices, including overtime pay and adherence to set working hours.
One common issue is off-the-clock work. In some cases, aviation and aerospace employees may be required to perform tasks — such as setting up equipment, preparing work areas, or completing paperwork — before or after their scheduled shift without compensation. Similarly, on-call time traveling or standing by can be grounds for disputes.
Whistleblower Protection
Whistleblower claims in the aviation and aerospace industry often revolve around safety concerns. Employees who report violations may face retaliation from their employers.
These brave individuals often experience adverse employment actions such as demotion, harassment, or even termination for their efforts to maintain safety and integrity within the industry.
Under 49 U.S.C. §42121, discrimination against employees for reporting violations or alleged violations of Federal Aviation Administration regulations or other federal laws relating to air carrier safety is prohibited.
Our team has a proven track record of helping whistleblowers fight for their rights and fair compensation for stepping forward.
Vacation and Leave Days Disputes
Disputes over vacation and leave days are common in the aviation and aerospace sectors. Employees may feel they aren’t given the appropriate leave or their requests for time off are unfairly denied.
This can be particularly contentious in aviation, where scheduling and staffing needs can be complex due to round-the-clock operations and strict regulations regarding rest periods for safety-sensitive employees like pilots and air traffic controllers.
In all these situations, having a knowledgeable Florida employment lawyer can be invaluable to ensuring your rights are protected.
Drug Testing Disputes
Mandatory drug testing is critical to maintaining safety in aviation. However, it can also lead to employment law issues and disputes.
One of the most common issues arises when an employee tests positive for a substance, leading to disciplinary action or even termination. In such cases, the employee may dispute the results, claiming that the test was inaccurate or improperly administered.
Wrongful Termination
A whistleblower may be wrongfully terminated for reporting safety violations or filing a complaint about workplace discrimination or harassment. This could constitute wrongful termination. Another common issue is termination due to an employee’s refusal to violate an aviation regulation.
Our team has helped countless Florida employees who were wrongfully terminated. We can help you face this challenge and fight for your rights.
Discrimination and Sexual Harassment
Discrimination and sexual harassment have no place in the workplace, but unfortunately, they are common in the aviation industry. This can take many forms, such as gender, racial, or age-based discrimination.
These practices violate employees’ rights and create a hostile work environment that can negatively impact productivity, morale, and even safety. If you are a victim of such practices, seeking legal representation can safeguard your peace of mind.
Contact Us for a Free Consultation
Navigating the complexities of employment law in the aviation and aerospace industry can be daunting. At Yormak Employment & Disability Law, we’re committed to providing clear, concise, and practical legal advice to help you navigate these challenges. Contact us today for a free consultation.