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SKYCAPS TIPS CASES
In 2008, we won a jury trial against American Airlines, challenging the airline’s collection of a $2 per bag charge for curbside check-in and not allowing skycaps to keep this money. After this trial, most airlines stopped charging the $2 per bag fee. The case has been on appeal twice. We won the first appeal in 2009, when the Massachusetts Supreme Judicial Court rejected American's argument that it could not be liable to skycaps whom it did not directly employ. The Court reinstated the $333,000 verdict for the skycaps who were part of the initial trial. Click here to read the Court's decision. Click here to watch the oral argument. In the second appeal, the federal First Circuit Court of Appeals ruled in American’s favor and decided that the Tips Law claim is preempted by federal law, thus reversing the verdict we obtained at trial for the nine original Boston skycaps. We filed a petition to appeal this decision to the United States Supreme Court. The Supreme Court declined to hear the case. The following day, American Airlines filed for bankruptcy (meaning that the case would have been stayed by the bankruptcy proceeding, even if the Supreme Court had accepted the appeal). However, the Appeals Court decision, reversing the verdict, addressed the statutory Tips Law claim only, not the common law claims. The federal court certified a companion American case that we filed, following the jury verdict, as a national class action based on the common law claims. We are arguing in two similar cases we brought against United and US Airways that the common law claims are not preempted and that we can go forward with these claims on behalf of national classes. We are now awaiting a ruling from the federal court on this argument. We will also pursue a remedy for the national class of American skycaps in the bankruptcy proceeding. In addition to the cases directly challenging the $2 per bag charges, we have also filed a claim against US Airways, on behalf of skycaps nationwide, challenging the airlines’ decision to end skycap services in 2008. We also brought claims against various contractor companies that have paid skycaps less than minimum wage, while not allowing the skycaps to keep all of their tips. We reached national settlements on this claim with PrimeFlight, Prospect, Huntleigh, and G2 Secure Staff. To read more about these cases, see the links below. American Airlines tip dispute rejected by high court Skycaps can coordinate cases over airlines' fees 1st Circuit: Skycaps' class action against airline over tips may proceed 1st Circ. won't hear AA's class cert. challenge After 1st Circ. loss, AA porters seek new trial United skycaps say state wage claims not preempted United skycaps win conditional cert. in tip suit Decision on tips to Logan skycaps overturned by court 1st Circuit considers whether aviation law pre-empts state tips law Skycaps' claims revived in United, USAirways Suits Airlines scoop tips from skycaps Skycaps across US join suit over tips AA skycaps win certification of national class AA skycaps seek cert. in 2nd suit over bag fees Skycaps suing United Airlines United skycaps launch FLSA action over tips Mass. court rules for American skycaps on tips SJC upholds skycaps' win in baggage fee lawsuit Skycaps win Wage Act appeal over tips Skycaps to ask Mass. court to reinstate tips award American Airlines now charging fees to non-passengers Skycaps seek class status in Jet Blue bag fee suit United Airlines suspends $2 curbside luggage fee US Airways seeks emergency exit from skycaps suit New trial ordered in skycap tip suit US Airways skycaps in Phila. get pink slips From the Boston Globe editorial page Airline halts fee, lifts ban on tips Airline, loser in suit, fails to deliver promised pay raise Insta-CoGo: Skycaps, Tipping and You Kicked at the Curb Airline bans tips for skycaps at Logan Boycott American Airlines Un-American Airlines Skycaps sue 3 airlines over $2 baggage fee US Air skycaps sue company, claim lost tips Off Balance at the Top Skycaps Win Lawsuit Over $2-A-Bag Fee Logan skycaps win fight for tips 9 skycaps win $325,000 in tips in suit over curbside fees Skycaps sue airline over tips lost to bag fee Skycaps sue American Airlines over lost tips Skycaps at Logan sue over lost tips ALL OTHER TIPS CASES »
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We are very sorry to learn of the passing of Don DiFiore on June 5, 2011. Don, who began the skycaps litigation in 2006, was a courageous fighter for the rights of workers. We will miss him. Don DiFiore; Logan skycap who fought to regain tips
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