Robert J. “RJ” Hendricks

Hendricks scored an important win in January for client Delta Air Lines Inc. after flight attendant plaintiffs challenged the defendant’s pay structure under California’s wage law. It was one of several cases in which Hendricks represents major air carriers.

“I’ve been representing airlines now for nearly 20 years,” he said. “Morgan Lewis has a strong relationship with the industry. It is a complex industry that presents a lot of issues. One question here was whether flight attendants are subject to California law.”

Flight attendants who fly for Delta and other carriers work in multiple jurisdictions on any given day. Delta’s flight attendants are paid based on a set of formulas that consider their unique job duties and schedules. Their compensation policies are set out in company work rules. U.S. District Judge William H. Orrick of San Francisco, ruling for Hendricks’ client on summary judgment, held that Delta’s current practices need not comply with California minimum wage requirements due to the minimal hours they work in the state and because the company is headquartered outside of California.

Orrick systematically rejected the cases relied upon by the plaintiffs as “significantly different from the facts before me.” He added, “Delta’s Work Rules function in a different, fully-disclosed way to ensure that Flight Attendants are paid for each hour worked on their Rotations.” Oman v. Delta Air lines Inc., 3:15-cv-00131 (N.D. Cal., filed Jan. 9, 2015). The plaintiffs have sought review of the outcome at the 9th U.S. Circuit Court of Appeals; the case there is at the briefing stage, watched closely by many in the industry.

“We’re very happy that Judge Orrick agreed with us that, given the interstate nature of what the flight attendants do, California law does not apply,” Hendricks said. “The same issue is pending in several similar cases. It’s a hot issue for the airlines right now, and it’s exciting to be a part of that.”

Hendricks’ other clients include US Airways — which merged with American Airlines Group Inc. in 2015 — and American Eagle Airlines Inc., an American Airlines regional carrier. “Some airlines do have collective bargaining agreements,” he said, explaining the range of his work for his clients. “Other cases involve other issues. There’s never a dull moment.”

In one case he had to deal with a plaintiff flight attendant’s claims of age discrimination and other issues after she was not promoted to a supervisory position. “We took her deposition and walked through her claims,” Hendricks said. “When folks work at a company for a very long time, a lot of emotion can develop. But the law separates feelings and impressions from fact.” He was able to dispose of the case on summary judgment in early 2016. Gooch v. American Eagle Airlines Inc., 2:13-cv-02272 (C.D. Cal., filed March 29, 2013).

— John Roemer