SkyWest Airlines Faces New California Labor Laws Class Action Lawsuit

A new California labor laws class action lawsuit is filed against Skywest Airlines, Inc. over allegations that the company violated wage and hour laws, including the Fair Labor Standards Act (FLSA).

Plaintiff Jeremy B., among other named plaintiffs and joining all those similarly situated, file the California labor laws lawsuit demanding jury trial. The California labor laws lawsuit was filed on July 12, 2018.

According to the California labor laws lawsuit, Jeremy, a resident of Hayward, Calif., was employed by SkyWest between approximately 2009 and 2016. He alleges he was classified as a non-exempt employee and was paid on an hourly basis. However, he was frequently denied rest and meal breaks, the lawsuit states.

Jeremy claims his meal breaks “were often delayed until after the fifth hour on most of his shifts and were frequently curtailed due to flight arrival and other interruptions so that they were often less than thirty minutes long.” As such, he alleges “[h]e did not receive premium/penalty pay for missed, interrupted or delayed meal breaks nor for missed rest breaks,” the California labor laws lawsuit states.

Additionally, after working more than eight hours per day, Jeremy says he was not given overtime pay as required and made mandatory by the FLSA. He claims he was not provided accurate wage statements, and says he is owed damages, reimbursements, penalties, and overtime.

The class action lawsuit is brought and filed on behalf of all those who are currently or formerly employed by SkyWest in California during the last four years.

The California labor laws lawsuit is filed on a count for failure to pay minimum wages and overtime in violation of California Labor Code, failure to provide meal and rest breaks in violation of California Labor Code, and failure to provide itemized wage statements in violation of California Labor Code, among other allegations.

Overview: California Labor Laws

According to the Department of Labor (DOL), “[t]he FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector in Federal, State, and Local governments.”

The FLSA is an important and far-reaching law guaranteeing employees certain rights, such as the right to be paid a minimum wage. FLSA includes laws regulating the limitations on child labor, regulations covering overtime pay, interstate commerce employment, and minimum wage regulations.

According to the FLSA, federal minimum wage is set at $7.25 per hour. Overtime pay is also set for any hours worked that are greater than 40 hours per week and includes a pay rate of not less than one and one-half times the rate of regular pay. The FLSA defines “overtime” as the time worked beyond a prescribed threshold.

There are other possible violations in addition to the violation of proper overtime pay and minimum wage requirements. Some of these violations are: 1) misclassification of exempt employees, 2) off-the-clock work, 3) independent contractor misclassification, 4) unpaid on-duty meal and rest breaks, 5) improper deductions from salaried employees, 6) failure to pay minimum wage, 7) illegal tipping practices, and 8) improper calculation of the regular rate.

Jeremy seeks to represent all persons who worked for SkyWest and suffered FLSA violations. The California Labor Laws Lawsuit is Case No. 3:18-cv-04182-JCS, in the U.S. District Court for the Northern District of California.

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