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Airlineguy
06-16-2006, 12:30 PM
I have done some quick research on CA law and INDUSTRIAL WELFARE COMMISSION/ORDER NO. 9-2001 which exempts most overtime for airline employees. I think my question is best referenced in 3.(N) of that order.

Let me start by saying at my airport/station we do not have any agreement on an "alternative workweek schedule".

We are currently understaffed and the management has a posted schedule with the current assignments per shift with any openings highlighted. The Mgr has requested that if you can fill an open shift to please put your name down on the sched.

My question is, would those hours be subjected to overtime pay if they; 1. put you over 8 hours worked in a day. 2. caused you to exceed 40 hours within the 7 day work week. :confused:

I understand that this might be a grey area but I would love to hear your thoughts on this subject because Im sure your smarter and more experienced in this area than I am.

cbg
06-16-2006, 12:36 PM
Am I understanding you correctly that you are exempt employees?

If so, there are no circumstances whatsoever in which the law requires you to be paid overtime, no matter how many hours you work.

Airlineguy
06-16-2006, 12:47 PM
Exempt... no, at least not really but kinda... Order 9 states in 3.(n) as in reference to OT.

(N) The provisions of this section shall not apply where any employee of an airline certified by the federal or state government works over 40 hours but not more than 60 hours in a workweek due to a temporary modification in the employee's normal work schedule not required by the employer but arranged at the request of the employee, including but not limited to situations where the employee requests a change in days off or trades days off with another employee.

mtracy
06-17-2006, 09:51 AM
Based on what you posted, I would not think that signing up for the additional shifts would qualify for overtime unless the total hours in a week exceeded 60.

The work schedule change is temporary and because it is requested by the employee when she signs up for the shift, it would appear to meet the requirements of the partial exemption.

If you did work more than 60, then all the overtime past 40 would need to be paid for.

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