SAN FRANCISCO — A group of unionized US Airways fleet services agents received federal court certification to go forward with their class action overtime claim. The newly certified class claims US Airways failed to pay overtime and denied required break periods. The class consists of over 550 full- and part-time fleet service agents. In this case, the agents argue that there is a company wide practice of not paying agents for work completed before and after their shifts due to the company’s timekeeping system. They also claim their meal and rest periods were frequently denied in order to keep flights on schedule.
US Airways believes its timekeeping methods are lawful. The timekeeping system considers employees to not be working if they clock-in or out a set amount of time before or after shift. Additionally, the airline claims California’s wage laws excused them from federal overtime obligations when employees’ traded shifts. But at the same time, the airline wants to apply federal law, the federal Railway Labor Act, to the employees’ labor rights. They want federal laws to apply because the fleet service agents are unionized and the terms of overtime, breaks, shifts, and time keeping are detailed in their contracts negotiated under the Railway Labor Act. The court apparently was not persuaded by this argument.
The fleet service agents work at San Francisco International Airport. They are responsible for loading and de-icing planes. They are also in charge of connecting the ramps to the planes and other duties to keep flights on time.
Overtime lawsuits originate with a single individual claiming their rights have been violated and they are owed overtime wages. After filing the initial claim, the lawsuit may go in a number of directions including arbitration, an individual trial, or it may seek class action certification. Even though it may seem obvious that if one person was denied overtime then others may also have been denied, the court must still determine if that is the case before a class may be certified. The court will look to see if there are enough individuals who have similar job titles or positions, do the same type of work, and were denied overtime for the same reason. If the court believes there is a “class” of workers and it is more efficient to have one trial, then it will certify the class and the class action lawsuit may go forward.
If you or someone you know is a fleet service agent and believe you have been denied overtime pay, contact our top-rated team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form on the top right of this page and our knowledgeable legal team will evaluate your case. There are strict statutes of limitation for filing these lawsuits so it is important you do not wait to call. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.