Two fueling supervisors claim they regularly worked over 40 hours but received pay for just 40
Two airport fueling supervisors say their employer wrongly classified them as exempt, skipping overtime pay even as they clocked 50-plus hour weeks.
Rosa Flores and David Howard filed suit against Allied Aviation Services on November 10, alleging the aviation company denied them proper overtime wages by misclassifying their positions as exempt from federal and state labor law protections.
The case, filed in federal court in New York, centers on a familiar challenge for HR departments: drawing the line between exempt and non-exempt supervisory roles.
Flores worked the late shift at LaGuardia Airport from 2015 through April 2024, regularly logging about 45 hours weekly. Howard, employed for about 15 years who worked as a supervisor until about May 2023, says he routinely worked over 50 hours each week. Both were scheduled for standard five-day, 40-hour workweeks but say the actual demands of the job made overtime inevitable.
The supervisors say they arrived early to prep for their shifts and stayed late to handle flight changes, complete reports, and ensure smooth handoffs to the next shift. Flores typically started about 15 minutes before her 4:30 p.m. shift and worked at least 30 minutes past the scheduled midnight end time almost daily. Howard often began 15 to 30 minutes early and stayed at least 30 minutes late, sometimes working past midnight on evening shifts. Meal breaks...
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