Southwest Airlines Accused of Violating Federal Labor Laws

Southwest Airlines Co. faces a new wage and hour class action lawsuit filed by three employees alleging violations of federal labor laws.

Plaintiffs Jeff B., Lerome T. and Steven S. filed the lawsuit demanding jury trial in Illinois federal court. The lawsuit was filed on July 13, 2018.

According to the federal labor laws lawsuit, the three plaintiffs worked for Southwest Airlines as a ramp supervisor. However, they say that they were not paid for some of the hours that they worked.

The plaintiffs say Southwest classified them and other employees similarly situated as non-exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws. They were paid at an hourly rate.

The plaintiffs accuse Southwest of requiring them and the proposed Class Members to perform work prior to the start of their shifts, without properly paying them for those hours. They would frequently be required to show up for work prior to the start of their schedules to login, review and respond to emails, and ensure the correct coverage for consumer flights, the federal labor laws lawsuit states.

The plaintiffs claim that although much of their duties were performed on the clock, in many instances, when they were required to come in prior to the start of their schedules they would fail to be compensated for them.

The plaintiffs further allege Southwest owes unpaid overtime wages to them and to members of the proposed plaintiff Class.

“As a result of Defendant’s improper and willful failure to pay Plaintiffs and putative class members in accordance with the requirements of state and federal wage and hour laws, Plaintiffs and class members suffered lost wages and other damages,” the federal labor laws lawsuit states.

The federal labor laws lawsuit was filed on multiple counts including FLSA violations and violation of the Illinois Minimum Wage Law.

Overview: Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a law that was enacted to help guarantee workers the right to fair wage and fair treatment. The FLSA covers minimum wage requirements, overtime pay, limitations on child labor, and interstate commerce employment.

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 imposes a duty to pay minimum wage and overtime pay. Overtime pay is granted for hours worked 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 DOL further states that “There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days or rest, unless overtime is worked on such days.”

Federal minimum wage is also set at $7.25 per hour. Other violations of the FLSA may include:

• Off-the-clock work
• Unpaid on-duty meal and rest breaks
• Improper deductions from salaried employees
• Failure to pay minimum wage
• Illegal tipping practices
• Improper calculation of the regular rate

The Federal Labor Laws Lawsuit is Case No. 1:18-cv-04822, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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