We're no longer "professional" pilots

[Erlanger]

In a decision that could have wide-ranging implications, the Third U.S. Circuit Court of Appeals has ruled that helicopter pilots for the Port Authority of New York and New Jersey are not “professional employees” under the Fair Labor Standards Act and are therefore entitled to mandatory overtime pay. The ruling re-affirmed a lower court’s decision that the pilots are “highly trained technicians” and not professional employees.

The Department of Labor Review Board (the “Board”) has also decided that airline pilots are not “learned professionals” as defined by 29 C.F.R. §§ 541.3 and 541.301 because there is “no doubt” that airline pilots do not meet the “threshold prerequisite” of “formal specialized academic training in a field of science or learning.”


http://overtimelaw.wordpress.com/20...se-no-specialized-academic-training-required/

 

[PCL_128]

I'm not sure that there are any "wide-ranging implications" for us as air line pilots. The FSLA only requires overtime for work in excess of 40 hours per week. Since our hourly rate is based upon flight time, and we can't credit over 40 hours per week without a bunch of deadheads, I don't see any applications for us.

 

[pilotyip]

Non-exempt Employee

This has discussed in great detail on this site over the years. The Dept of Labor defines workers as unskilled workers; these are workers with no formal education. The job can be learned in a short period of informal training. I.e. picking up trash in the park, bank teller, and cab driver. Skilled workers must attend a formal course of training over an extended period. Skilled labor generally has skill in the operation or repair of equipment, or a license to perform a specific function. This job classification would include plumbers, pilots and nuclear power plant operators. These are known as Non-exempt employees under the FLSA. They are entitled to over time. Knowledge workers are required to have a formal course of education that leads to jobs that are based knowledge gained in a formal classroom setting. This would include CPA’s, Engineers, and Doctors. I believe pilots meet the requirement of being professional by definition of defined job and continuing training in the job, but they do not meet the definition of knowledge workers by the Dept of Labour. As I have said before the a college degree has nothing to do with flying an airplane. However if pilots go to court and claim all duty time over 40 hours per week, they may be able to get more money for the overtime

 

[Be 23]

Many helo ems outfits have required pilots to work extra time for comp time or straight time compensation. This will force them to pay time and a half to the pilots just like they already do to the paramedics. Until now the companies could say, "You're an exempt professional by law, you get nothing, get back to work or you're fired."

The end result will be either more compensation for the pilots or a financial incentive to hire enough/more pilots to get the job done without overtime. Companies that are already doing the right thing by their employees will now be more competitive with the cheap bastages.

The possible implications for airline guys are probably at the lowest paying regionals. Labor Law doesn't say 'flight hours', it just covers work time. So a pilots time sitting at an airport on short reserve would count, as well as all other time before, after, and between flights.

I don't have a clue as to how you can convert the flight hour scale to time and a half. I also don't know how much of the FLSA gets trumped or overridden by a union contract. Anybody know?

 

[Rez O. Lewshun]

Would it benefit helo pilots to create a fraternity or fellowship based on professionalism? If it exist... can it be linked?

 

[IBNAV8R]

I don't have a clue as to how you can convert the flight hour scale to time and a half. I also don't know how much of the FLSA gets trumped or overridden by a union contract. Anybody know?

Duty time.

 

[PCL_128]

Labor Law doesn't say 'flight hours', it just covers work time. So a pilots time sitting at an airport on short reserve would count, as well as all other time before, after, and between flights.

That isn't really clear, and it will be a subject of years of litigation if anyone tries to challenge it. Since our collective bargaining agreements specify the time for which we are paid, I doubt a judge would use duty time instead of credit time for a basis. It's also likely that a judge would kick it back to arbitration rather than ruling on it himself. Judges don't like to get involved unless they absolutely have to.

 

[bizicmo]

Because it isn't clear is why alpa or any union should invest serious time and money investigating whether or not some advantage can be achieved from this. Big business will be looking into it to determine what advantages and disadvantages can result.

it would be nice to get time and half after 40 duty hours. Again i'm not sure why we haven't gone to pay by duty hour. I'm sure someone has an answer feel free to share it. It would allow this overtime thing to be more easily argued. It would probably even create me efficient schedules.

 

[Motown]

Since our collective bargaining agreements specify the time for which we are paid, I doubt a judge would use duty time instead of credit time for a basis.

The argument wouldn't be hard to make. Under labor law, any time during which an hourly employee is required to perform work duties or is required to be present must be paid. This is the reson why I needed to be so careful as a manager or supervisor when I worked for a national pizza chain-- when I told an employee once that he needed to stay in the building for his 30-minute lunch break, we got hit with an overtime charge by the state's labor dep't. I was told, in no uncertain terms, that if we placed any demands on an employee-- any at all-- then the unpaid lunch became paid lunch. We couldn't require the employees to stay in the building, to stay in uniform, etc. Anything less than 30-minutes had to be paid... that meant that if 29-minutes after the employee went on lunch break I asked them to pick up a piece of paper off the ground, the whole lunch break became paid.

Under these hourly-employee rules, we would get paid at report time, and we would be paid for any time we are required to be in a specific place or performing any duty, even Jepp revisions.

 

[pilotyip]

Ways around it.

Not to be a spoil sport, but a company could pay a minimum wage to meet the Non-Exempt requirements of the FLSA, and then pay a piece rate (read hrs flown at current rates) and be in compliance.