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Law360: Judge Reverses His Own Decision, Handing Win to O’Melveny Client US Airways

February 03, 2017

The February 3, 2017, edition of Law360 reported O’Melveny’s recent win for US Airways in a case surrounding overtime claims brought by a class of fleet service agents. In the order, which reversed an earlier ruling, US District Judge Charles R. Breyer recognized that he made an error denying US Airways summary judgment on the overtime claim, noting that Fair Labor Standards Act overtime requirements do not apply to US Airways due to an Railway Labor Act exemption, which concerns railway and airline employees.

“In all candor, US Airways’ motion for judgment on the pleadings should have been granted,” Judge Breyer wrote, according to Law360’s article “Judge Changes Course, Tosses OT Claim Against US Airways.”

The team from O’Melveny representing US Airways Inc. included Robert Siegel, Susannah Howard, and Adam KohSweeney.

Former Chair of O’Melveny’s Litigation Department and Vice-Chair of the Firm, Siegel focuses his labor practice on representing major companies in federal court litigation under the Railway Labor Act and the National Labor Relations Act, arbitrations, labor negotiations, National Mediation Board and National Labor Relations Board matters, and employment law litigation and counseling. Howard is an experienced labor and employment lawyer specializing in a range of employment and labor matters, including wage-and-hour disputes, enforcement of non-compete agreements, and background check procedures. KohSweeney works on matters involving an array of labor and employment-related issues under federal and state law, including wage and hour class action litigation under the Fair Labor Standards Act as well as state law; and litigation and arbitration under the Railway Labor Act.