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A group of US Airways Fleet Service Agents have filed a class action lawsuit against the airline alleging it failed to pay them overtime or provide breaks, as required by law.
According to the employee class action lawsuit, US Airways’ payroll services “engaged in a creative accounting practice that results in the underpayment of overtime wages” and “segregates the hours worked into different categories resulting in the underpayment and inaccurate accounting of overtime hours worked during each two-week pay period.”
In addition to failing to pay overtime, the US Airways overtime class action lawsuit goes on to allege that US Airways does not provide accurate wage statements reflecting all hours worked, and does not schedule meal periods or rest breaks.
“Fleet Service Agents were subject to a uniform policy and practice wherein these employees were only allowed to take meal periods and rest periods when there are no flights that need to be serviced. Often, changes in flight schedules, under staffing, and other factors causes Fleet Service Agents to involuntarily engage in improper/on-duty meal periods and rest breaks, or results in Fleet Service Agents missing meal periods and rest breaks entirely,” the wage and hour class action lawsuit states.
If US Airways employees do take a break, they are required to remain on the premises and respond to cell phone calls or radio calls at all times, meaning they aren’t free from US Airways’ control during rest breaks, the lawsuit says.
The US Airways wage and hour class action lawsuit is brought on behalf of all current and former employees of US Airways who worked as Fleet Service Agents in California at any time within the last four years. It is seeking damages in the amount of unpaid wages and overtime, meal period pay, and amounts unlawfully deducted from wages, including interest.
A copy of the US Airways Fleet Service Agent Class Action Lawsuit can be read here.
The case is Joseph Timbang-Angeles, et al. v. US Airways, Inc., Case No. CGC-12-521809, Superior Court of the State of California, County of San Francisco.
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