Overtime Pay

[zuka]

I know a lot of guys that have several layovers and they end up putting in 13 or 14 hour duty days. This means a 70 hr work week.

Does being a salaried employee make you exempt from overtime?

Most Airline pilots get paid per flight hour right? I know a lot of those guys put in over 40 hrs a week.

I know there is no such thing as a 9-5 job 40 hr work week these days especially in flying.

Are there any employment experts out there that can help me understand the loophole?

 

[Dan CFI/CFII]

From my understanding of it (I've done a bit of research lately)...

A collective bargaining agreement can basically make the pay scale whatever the parties agree to. That's going to be the big loophole for most airline employees.

And yes, being salaried generally makes you an exempt employee.

However, if there are any employment law folks reading this, I am mulling over a question: suppose that a pilot, paid only by the flight hour (with no compensation derived from duty time) flys in excess of 40 hours a week. Are they not required to be paid overtime pay for that flying in excess of 40 a week?

There may be a company per diem (nightly rate), in addition to a hefty per diem (nearly $100 a night) from the primary customer--but the per diem and hourly pay are the total compensation. Would the per diems change the pilot into an exempt employee?

I realize that this is not a major issue, and I would have written it off as a moot point until recently.

Just an interesting question that came up... Everyone else I've asked about it simply stated that in general pilots didn't have to be paid overtime, but from everything I've read of the state employment guidelines (especially the list of who is/isn't exempt), anyone paid on a soley hourly wage is entitled to overtime pay for every minute above 40 hours a week.

I'm sure pilots could argue the duty time/flight time issue successfully, but that's not my question...

Dan

 

[airksk]

At my airline we are paid per the flight hour, with a minimum 75 hour monthly guarantee. We also get paid a per diem of $1.50 per hour. The per diem starts the minute I show up at work(for us, 1 hour prior to my first flight's departure time), and ends 15 minutes after my last flight blocks in back in at my domicile.

Overtime really isn't a factor, since flight time is the only time counted as work, and we're limited to 30 in 7. Fortunately, we still can be paid time and a half, but that is a contractual thing and not a legal one.

Unfortunately, this means that we can spend 14 hours at work, and have less than half of that count as "work". This is why the press can make us look like such slackers, with their stories of 30 hour work months. I'd love to see them try flying a CDO(stand up, nap, etc...) and then tell me it's not work.

 

[FracCapt]

However, if there are any employment law folks reading this, I am mulling over a question: suppose that a pilot, paid only by the flight hour (with no compensation derived from duty time) flys in excess of 40 hours a week. Are they not required to be paid overtime pay for that flying in excess of 40 a week?

If you are anything other than Part 91 or "on demand" Part 135, flying 40+ hours a week would be illegal....so if you are referring to airlines, then it's not a legal scenario to begin with.

 

[Dan CFI/CFII]

In this scenario, we are talking about a non-scheduled part 135 operation. That is working to the limits of either the duty limits or the flight limits each and every day to do that much flying mind you.

Of course the press can make us look like slackers--we are! (I'm obviously kidding, I am after all, asking about a 160+ hour month of flying) You know how restful it is to be sitting somewhere for 45 minutes waiting to go flying again, especially if you replace the word "sitting" with the phrase "loading a couple thousand pounds of crap."

Dan

 

[zuka]

If you are anything other than Part 91 or "on demand" Part 135, flying 40+ hours a week would be illegal....so if you are referring to airlines, then it's not a legal scenario to begin with.

Talking about duty time... not flying time.

 

[FracCapt]

Talking about duty time... not flying time.

I was responding to DANCFI/CFII or whatever his screen name is. He mentioned flying more than 40 hours per week. As for 40+ hours of duty time....well, I'd be willing to bet that most of us in the fractional and charter industry put in more than 40 hours of duty time per week, and are never compensated for time over 40. As a salaried employee, time over 40 hours per week is not considered overtime. I don't know how it applies to the airlines.

 

[FN FAL]

Are there any employment experts out there that can help me understand the loophole?

What loophole?