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Railway Labor Act
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I work for a company that is an air ambulance service (2,000 employees). They do not practice FLSA regulations because they state we fall under the Railway Labor Act; which allows them to put any empl
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Railway Labor Act
posted at 10/5/2010 6:24 AM EDT
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Posts: 11
First: 6/20/2002 Last: 10/5/2010 |
I work for a company that is an air ambulance service (2,000 employees). They do not practice FLSA regulations because they state we fall under the Railway Labor Act; which allows them to put any employee in an "exempt" status. Under FLSA, I know some of the employees would not be eligible for an exempt status, but I don't understand why it is allowed under the Railway Labor Act. Does anyone have any information regarding the Railway Labor Act and how it allows "any" employee to be in an exempt status? |
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Railway Labor Act
posted at 10/5/2010 10:00 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
There are exceptions to coverage under FLSA and the Railway Labor Act is one of those.
The key to your question is "who is covered?". Here's an excerpt from the RLA (keep in mind that this was originally intended for, as the name suggests, railroad workers): "§ 181. Application of subchapter I to carriers by air All of the provisions of subchapter I of this chapter except section 153 of this title are extended to and shall cover every common carrier by air engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United States Government, and every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service." Based on this alone, I'd say that your workers are not covered under FLSA unless my interpretation of a "common carrier" is different from that used above. I'd also question whether or not an ambulance service is engaged in interstate commerce. There may well be decisions or amendments to the RLA which are more inclusive. You may want to consult with a labor attorney for a definitive response because, if there isn't something which is more inclusive, I can see a certain air ambulance company being on the hook for a lot of back OT and penalities. |
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