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Overtime work hours

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  • Overtime work hours

    Having Worked for a major airline in Phoenix and worked all 12 hour days 3 days on 3 days off schedule I believe that I am entiled to overtime pay 1 1/2 for
    over 40 hours in a work week. I have contacted the Dept of Labor wage and hour division and the person that I spoke with says that this dispute would not be covered by the DOL wage and hour division, it would be covered by
    the railway labor act. I am at loss of who to contact regarding of this issue.

  • #2
    This is not my area of expertise, but my understanding is that if you are indeed under the Railway Labor Act, you are not subject to the overtime rules for any federal reason - there is no one to appeal to at the federal level.

    The following quote is from the BNA payroll library:

    Employees of air carriers covered by the Railway Labor Act are exempt from the overtime-pay requirements of the FLSA, but not from its minimum wage requirements. This exemption applies only to an airline's actual carrier activities. For example, the exemption would not be available to the subsidiary of an airline that operates a computerized reservation system. In addition, an airline's airport and flight personnel will not be exempt from overtime-pay requirements if they devote more than 20 percent of their time to activities that are not related to transportation activities. Nonexempt activities include mechanical repairs, flight instruction, and sales of planes or parts.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Overtime Eligibility

      The Dept. of Labor is not the best of sources for information under the current administration.

      I assume that you are not unionized. I would not discuss this with fellow employees. A labor attorney is the best source of information. One thing to be careful of, is to be sure that there is no conflict of interest before you hand over any money.


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