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A group of flight attendants has filed a class action Virgin America wage lawsuit, alleging that the airline shorted them out of both wages and meal breaks. The plaintiffs are suing for more than $60 million.
The Virgin America wage lawsuit includes more than 1,800 individual members: California-based plaintiffs who worked as flight attendants for Virgin Airlines since March 18, 2011. A subclass was also certified for California residents, and another subclass for those who have left the job since March 18, 2012 for “waiting time penalties.”
Virgin America has moved to decertify the class. The judge indicated to the Virgin attorney that decertification is unlikely, as “the vast majority of issues raised here are ones that I’ve already determined in a way that I regarded as final.”
The Virgin America wage lawsuit was originally filed in 2015 by lead plaintiff Julia B., who alleged that the airline failed to pay its flight attendants the wages it owed for the time before, after, and between flights, as well as time spent writing incident reports, training, and undergoing required drug tests.
On top of these wage violations, the Virgin America wage lawsuit also alleged that the company didn’t allow its flight attendants to take the meal and rest breaks required by law, failed to pay overtime and minimum wages, and failed to provide accurate wage statements.
The Virgin America wage lawsuit is being overseen by U.S. District Judge Jon Tigar. In Virgin America’s previous attempt to dodge many of the suit’s claims, Judge Tigar rejected the move.
Wage and Hour Regulations
There are a series of both federal and state wage and hour laws put in place to protect workers and ensure they are treated fairly. In some cases, employers may be requiring unpaid overtime work or even failing to pay minimum wage at all.
Some workers may find themselves unable to file wage and hour complaints like this unpaid overtime lawsuit because they are not aware of FLSA rules. Others may be afraid that their employers will retaliate or even fire them if they speak up about these kinds of FLSA violations. To protect workers who help to enforce FLSA rules, laws also exist to protect workers from discrimination based on wage and hour complaints.
Pursuing a Wage and Hour Lawsuit
If you have worked for an employer like Virgin Airlines that may have failed to follow some portion of the Fair Labor Standards Act or state labor laws, such as minimum wage or overtime requirements, you may be able to either join a wage and hour class action lawsuit or file an unpaid overtime lawsuit of your own. An overtime pay settlement can help make up for unpaid wages or overtime work, whether you are a current or former employee.
The Virgin America Wage Lawsuit is Case No. 3:15-cv-02277, in the U.S. District Court for the Northern District of California.
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If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.
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