United Airlines agrees to update wage statements following settlement

Update:

• United Airlines agreed to revise how it formats wage statements for California-based pilots as part of a five-year consent decree proposal submitted in late October.  
• United will now list the total actual hours worked, all effective hourly rates and the number of actual hours worked at those rates on wage statements. 
• The update comes four months after the preliminary approval of a $7.5 million settlement made to end claims United failed to provide pilots with pay stubs accurately documenting their hours worked, hourly wage and the address of the business. 

United airlines wage theft class action lawsuit overview: 

• Who: United Airlines asked a federal judge to dismiss wage theft claims lodged by pilots and flight attendants.
• Why: The employees say they weren’t paid properly for being on-call, under California wage laws, but United Airlines says its pay policies are sound. 
• Where: The class action lawsuit is pending in California federal court.

(Oct. 26, 2021)

United Airlines has struck back against pilots and flight attendants who allege they weren’t paid properly, asking a judge to rule in its favor in a class action lawsuit.

United Airlines Inc. filed a motion for summary judgement in a California federal court on Oct. 22, arguing that the court should rule in its favor in a lawsuit alleging the airline stiffs its employees out of their legal wages.

The United pilots and flight attendants allege the company’s pay system guarantees a base on-duty day compensation that increases if crew members’ flying activities surpass that minimum. 

The workers allege that each time United pays reserve flight crew according to their actual flight-related activities, it illegally “borrows” wages paid for flight time to compensate flight crew for the on-call reserve period.

United Airlines fights wage theft class action lawsuit

United denies the wage-and-hour claims, saying its method of paying on-call employees is entirely within the law.

“United’s Motion for Summary Judgment should be granted because the undisputed material facts show that United’s bargained-for pay scheme for pilots and flight attendants fully compensates Plaintiffs and other flight crew members for all time work,” the airline contends in its motion to dismiss. 

The motion states that the plaintiffs’ argument turns heavily on a June 2020 ruling in a class action lodged against Delta Airlines in which the California Supreme Court found borrowing “line-pay value” from flight times to cover on-call time does not violate the state wage regulations. 

“In fact, the California Supreme Court … concluded Delta’s pay scheme, which is substantially similar to United’s, fully complies with California law,” the motion states.

United adds that the lead plaintiffs, Charles E. Ward, Felicia Vidrio and Paul Bradley, who are all United Airlines pilots or flight attendants, get base pay rates ranging from $26 an hour to $454 an hour.

“Well above the California minimum wage when they were compensated according to the minimum pay guarantee.” 

This is not the only lawsuit the airline is facing from its employees. 

In September, a class action lawsuit by United Airlines employees claimed the company’s vaccine mandate requiring them to get the COVID-19 shot, be placed on indefinite leave, or face termination, is illegal. 

To see if you qualify to join a California wage-and-hour lawsuit investigation click here (links to paid attorney advertisement). 

The plaintiffs are represented by Kirk D. Hanson and Jeffrey C. Jackson of Jackson Hanson LLP.

The United Airlines wage theft class action lawsuit is Charles Ward et al. v. United Airlines Inc., Case No. 3:19-cv-03423, in the U.S. District Court for the Northern District of California.

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