Originally Posted by
gloopy
And there's also some civilian restrictions on flying and other aviation related things, including flight and duty time. But to say you can't do anything whatsoever "on the side" is completely unenforceable and so broad its slam dunk lawsuit material if even attempted.
The mil/USERRA issue is currently being challenged and I think they will probably prevail at least to some extent. But either way that's nowhere near a total and complete fantasy ban on 100% of all "side hustle" gigs.
Assuming it's true that Delta is going to impose a blanket restriction on other employment, I strongly suspect it's aimed directly at the military reserve guys.
One of the provisions in USERRA requires companies to treat military reservists exactly like other employees, so any restriction on outside work cannot be targeted only at the military. As long as it applies to everyone equally, it would be ok.
Delta isn't the only airline to get in a tangle over USERRA and military reservists. I remember seeing a lawsuit involving American from 10 or 15 years ago. Guys dropping trips, especially with little or no notice, for military stuff hits airlines hard and costs a lot of money in extra reserve coverage requirements, etc. Anything the airlines can do to minimize such disruptions, they're going to do.
I'm not picking sides here, just acknowledging reality. I retired out the reserves just a couple years ago, and was absent from my previous airline (a regional) for nearly 4 of the 10 years I was there. I've seen abuse from the company side, but I've also seen rampant and flagrant abuse from the pilot side as well. Actions by either party have consequences, and the proposed new FOM policy, assuming it's coming, is one of the consequences.