Tracy Colman  |  November 16, 2018

Category: Labor & Employment

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Plaintiffs Claim Envoy Air Violated California Break LawsPlaintiffs in a class action lawsuit against Envoy Air allege that the regional airlines company violated California break laws when managing their passenger service agents—customer service personnel that assist with reservations, baggage claims, and other pre-flight and post-flight issues.

This is not the first time the airline has come under fire. Last year, they paid out $1.25 million according to Los Angeles minimum wage law.

According to an Law 360, a $2.3 million dollar settlement has been offered by Envoy Air to resolve current allegations regarding violation of California break laws. If confirmed by the court, the settlement will resolve and end the class action, which revolved around the company’s denial of meal breaks for passenger service employees.

The airline workers involved in allegations that California break laws were violated by Envoy are very pleased with the settlement offer. They are encouraging the U.S. District Court for the Central District of California to wholeheartedly accept and certify the offer on their behalf. According to report, the amount in conjunction with back wages paid in January 2017 is a sizeable $3.55 million.

The lawsuit which was initially filed in 2016 in the California State Court system by passenger service agent Karla S. She claimed that not only was she and other passenger service employees denied their meals in violation of California break laws, but the airline also often figured overtime hours incorrectly and failed to reimburse for expenses related to the maintenance of their required uniforms.

As an outgrowth of this filing, four separate Classes were identified and certified by U.S. District Court Judge Michael Fitzgerald, according to Law360. This certification occurred in August 2017. The recent settlement extends to 2,050 agents that worked for the airline in California between May 2012 and Oct. 31 of this year.

The calculation of each Class Member’s payment is based upon the number of weeks worked during the period in question and thus varies. According to Law360, however, the average payment will be about $1,100 in cash.

This individual payout is based upon sharing roughly $1 million among the 2,050 workers. The rest of the settlement is divided between the state’s labor department who takes $37,500 in fees, attorneys who will take $1.25 million in payment for their efforts, and five named plaintiffs who will garner $13,000. The named plaintiffs are Karla S., Arturo A., Gilberto F., Fidel R., and Osvaldo G.

The workers believe the settlement is fair considering Envoy could argue the Airlines Deregulation Act blocks meal break claims. The Northern District of California has accepted this stance, but the Central District has not done so to date.

In addition to the offered monies, Envoy has agreed to update its sick time policies for workers and provide standing mats that are ergonomically designed. These mats help workers with leg and back pain while standing for long hours at a service desk.

Other companies have come under fire for meal and rest break violations including BMC West LLC, Wells Fargo and others.

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