By Christina Spicer  |  February 2, 2021

Category: Labor & Employment

Boeing workers have agreed to a $2 million settlement in overtime class action

Some Boeing workers may be able to claim as much as $1,700 in a class action settlement over allegations that the Seattle-based airplane manufacturer failed to pay overtime.

Boeing and the lead plaintiffs in the overtime class action lawsuit have reportedly asked the court  to give preliminary approval to a settlement agreement that affects approximately 770 workers. Under the terms of the settlement, Boeing will pay $2 million to end litigation over whether it improperly exempted workers from overtime pay.

The workers agreed to trim their suit, including dropping Fair Labor Standards act language, in order to reach the settlement. The agreement hints that the Covid-19 pandemic played a part in the plaintiff’s decision to drop the items and move more quickly.

“Prompt payment of settlement monies now — during an ongoing global pandemic and uncertain economic times — is particularly relevant and likely more valuable than the possibility of receiving an award through individual litigation years in the future,” court documents said.

The class action lawsuit was lodged against Boeing in 2019. The lead plaintiffs alleged that the company had misclassified Boeing workers, including those in Facilities Project Administrator, Facilities Planner, and Staff Analyst jobs, as exempt under both federal and state wage laws. The complaint claimed that workers were, in truth, non-exempt under the law and deprived of important rights, including overtime pay by Boeing.

The Boeing workers accused the airplane manufacturer of violating the federal Fair Labor Standards Act and the Washington Minimum Wage Act.

Boeing reportedly entered into mediation with its workers in October over the class action lawsuit claims and, on Feb. 1, 2021, submitted a proposed $2 million settlement for court approval.

“Although plaintiffs strongly believe that their overtime claims have merit, and that the named plaintiffs are similarly situated to all other settlement class members, defendant vigorously disputes these claims as well as the appropriateness of collective and class action certification,” states the plaintiffs’ motion for preliminary approval of the settlement.

Under the terms of the class action settlement, the following Boeing workers classified as exempt between April 22, 2016 and Feb. 1, 2021 may be able to claim up to $1,700:

  • Staff Analyst (Level 3)
  • Facilities Planner (Level 2 or 3)
  • Facilities Project Administrator (Level 2 or 3)

Class Members will receive a share of the $2 million settlement fund, after plaintiffs’ awards, attorney and other fees are paid out, according to court documents. Each Class Member’s award will depend on employment records and will be a minimum of $100.

“It will provide relief on a class wide basis in a case where, absent settlement, Boeing would have challenged us every step of the way, on every issue, from certification to its claimed exemption defenses,” an attorney representing the plaintiff told Law360. “Getting money in the pockets of these hardworking employees now, as opposed to years from now, is especially important given the global pandemic.”

Are you a Boeing worker classified as exempt? Will you take part in this class action settlement? Tell us in the comment section below!

The lead plaintiffs and Class Members are represented by Molly A. Elkin and Sarah M. Block of McGillivary Steele Elkin LLP, by Patricia L. Vannoy of Mattson Ricketts Law Firm, and by Alex J. Skalbania of Skalbania & Vinnedge PSC.

The Boeing Overtime Class Action Lawsuit is Cynthia J. et al. v. The Boeing Co., Case No. 2:19-cv-00597, in U.S. District Court for the Western District of Washington.

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2 thoughts onBoeing Will Pay $2 Million In Worker Overtime Class Action Settlement

  1. michael wisniewski says:

    I am a former production employee of Boeing in SC. In 2020, I was told to erase my overtime from ETS (Employee Timekeeping System) and re-submit it. I can’t give exact dates since I don’t have computer access anymore but its in the computer system. They said that all overtime must be approved, but sometimes it takes longer to finish a job than the 8 hours one is allotted. They sure didn’t want people walking away from unfinished jobs but apparently wanted some free labor to help out the bottom line. I didn’t think that seemed right. Does this qualify?

  2. Michael Hoelbramdt says:

    Add me

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