Ex-workers sue AirTran over unpaid breaks
Three former AirTran Airways employees who worked at the Fort Lauderdale-Hollywood International Airport have filed a lawsuit against the airline.
By INA PAIVA CORDLE
[email protected]
Three former AirTran Airways customer service agents who worked at the Fort Lauderdale-Hollywood International Airport have sued the airline, alleging they were forced to work through lunch breaks without getting paid.
The suit, filed in Broward Circuit court last week, alleges that AirTran deducted the hourly workers' wages for the 30-minute breaks, violating minimum wage laws.
''Breaks are meant for safety -- they are supposed to have a break to give them relief from the pressures of the job,'' said Lawrence McGuinness, a Miami lawyer who represents the former AirTran employees. ``It's also illegal if you are taking money away from these people, so AirTran gets free workers.''
AirTran spokeswoman Judy Graham-Weaver said the airline has not received notification of the lawsuit and therefore could not respond.
At least 3,500 workers nationwide could make up the potential pool of current and former AirTran employees subject to the alleged violation, McGuinness said.
The plaintiffs, Robert Smith, 39, of Fort Lauderdale; Jeffrey Grinell, 35, of Wilton Manors; and Claudia Lopez, 38, of Sunrise, were former customer service/ramp workers of the Orlando-based airline. They worked at both the presecurity ticket counters and the post-security gates at Fort Lauderdale-Hollywood, McGuinness said.
Each has also recently filed charges of discrimination with the Civil Rights Division of the Broward County Office of Equal Opportunity, alleging discrimination based on sexual orientation, he said.
Graham-Weaver said the airline was not aware of the discrimination allegations, so she could not comment.
McGuinness said he was first contacted regarding the discrimination charges, and each said they had ''experienced the same derogatory remarks and downright hostility.'' It was during those client meetings that he discovered the alleged 30-minute break violations, ``which shows AirTran has some significant employee-employer problems.''
He said he is seeking an as-yet unspecified reimbursement of wages, as well as that AirTran stop the practice of making employees work through their breaks.
''It's an issue of hiring and staffing,'' he said.
Such alleged violations are typically associated with very small firms in the underground economy, said Annette Bernhardt, deputy director of the Justice Program at the Brennan Center for Justice, at NYU School of Law.
''This case really illustrates that the constant search to reduce labor costs can result in illegal practices,'' she said, ``even in large, established firms.''