SkyWest Flight Attendants Point to Calif. Ruling In Wage Class Action

SkyWest Airlines and flight attendants continue to argue over whether or not the airline pays their flight attendants fairly.

In the latest development of the SkyWest wage and hour class action lawsuit, flight attendants stated that a decision made in a separate class action lawsuit supports their argument.

The California Supreme Court recently decided that Apple needs to pay workers for what was previously deemed off-the-clock time — the period of time where workers underwent bag searches after their shifts.

Now, the SkyWest flight attendants are pointing to this decision as they argue that they should be paid for work done on the ground and while an airplane door is open as opposed to solely when the airplane door is closed, which is currently the case.

The flight attendants claim that SkyWest’s refusal to pay workers for time other than when the plane door is closed represents a violation of the federal Fair Labor Standards Act. According to the employees, the wage standard at play in the California Apple wage and hour class action lawsuit should be applied to the Illinois SkyWest class action lawsuit. 

Allegedly, both standards require employers to pay for “the time during which an employee is subject to the control of an employer.” The flight attendants say they are only paid for time when the aircraft door is closed, but are required to be under their employers’ control while they are in the airports and clearing security check points.

The flight attendants claimed that SkyWest’s policy for payment violates state and local laws — the employees are based out of 10 different states.

SkyWest has fought the flight attendants’ wage and hour class action lawsuit, saying that to pay flight attendants for time other than when the aircraft door is closed would damage the airline industry. The airline also claimed that it would be not possible for them to operate properly if employees had to be paid based on different state laws each time they traveled to a new state.

The SkyWest wage class action lawsuit notes that the airline’s practice of paying workers for time when the aircraft door is closed is known as “block time.” In disputing these claims, the defendant says the crux of the flight attendants’ argument is that block time does not comply with California law, which requires pay not to be averaged, and instead requires a wage for every hour worked. 

According to the airline, the nature of work on an airplane prohibits this kind of calculation from being possible for each state an employee enters. 

Are unpaid duties a part of your job? Tell us about your experience in the comments section below.

The flight attendants are represented by Lisa A. White, Gregory F. Coleman, Adam Edwards, and Mark E. Silvey of Greg Coleman Law PC; and by Edward A. Wallace and Tyler J. Story of Wexler Wallace LLP.

The SkyWest Wage Violation Class Action Lawsuit is Andrea Hirst, et al. v. SkyWest Inc., et al., Case No. 1:15-cv-02036, in the U.S. District Court for the Northern District of Illinois.

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