A federal court ordered an Arizona airline to comply with federal law and change its pay policy.
An investigation by the U.S. Department of Labor Wage and Hour Division discovered Mesa Air Group, based in Arizona and operating as Mesa Airlines on regional routes for American and United Airlines, had policies that prevented flight attendants and pilots from exercising their rights to take time off from work for reasons that qualified under the Family and Medical Leave Act, according to an Oct. 27 news release.
“Workers should not have to choose between their jobs and their health,” Wage and Hour District Director in Phoenix Eric Murray said in the release. “Federal law allows for critically needed workplace flexibilities precisely when employees need it the most. The outcome of this case will likely have an impact on airline industry employees nationwide.”
The court decision made it clear employers lack the discretion to unilaterally exclude hours worked or hours paid in calculations for leave eligibility under federal law, San Francisco Regional Solicitor of Labor Marc Pilotin said, according to the release.
The Association of Flight Attendants-CWA, AFL-CIO said flight attendants and pilots found being considered eligible for FMLA leave was almost impossible before the passage of the Airline Flight Crew Technical Corrections Act. Flight attendants generally are only paid hourly wages when the aircraft is moving, the release reported.
