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.
International Brotherhood of Teamsters Local 1108, the union for Flight Options’ 500 pilots, early last month reached a tentative agreement for a first contract with the Cleveland-based fractional provider. The agreement comes some four years after the union came on the property and, if ratified, will end years of sometimes acrimonious negotiations.
Are the new Department of Labor (DOL) “Fair Pay Rules,” which became effective August 23 and changed the overtime pay rules for workers earning less than $23,660 per year, or $455 per week, in danger of extinction? By a vote of 223 to 193 last month, the House tacked an amendment on to the $142.5 billion measure funding education, worker training and health programs that would block the DOL rules.
In the April 23 Federal Register, the Department of Labor (DOL) issued what it called “FairPay” rules that will take effect on August 23. The DOL states, “Under the new FairPay rules, workers earning less than $23,660 per year–or $455 per week–are guaranteed overtime protection.”
An FAA investigation of the New York Terminal Radar Approach Control (Tracon) determined that it is "more than adequately staffed for safe operations and that local union-controlled scheduling practices are inefficient and wasteful, creating overtime costs that are more than double any other air ATC facility in the country." The need for overtime was compounded, the report said, "by absences due to widespread abuse of sick leave and workers c