In OT case, judge says Alaska pilots aren't learned professionals but hourly workers
Yereth RosenAlaska Dispatch News
October 23, 2013
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The nine pilots suing for overtime pay insisted they are not learned professionals -- a category reserved for attorneys, certified public accountants, and others with academic and intellectual credentials. Employers need not give overtime pay to learned professionals under federal labor law.
The borough contended its search-and-rescue pilots are exempt professionals who have gone through “a prolonged course of specialized instruction in a field of science and advanced knowledge” that goes well beyond the training given to typical pilots, according to a motion filed earlier this year by the borough, a rare local government with its own fleet of search-and-rescue aircraft.
U.S. District Court Judge Sharon Gleason sided with the pilots on that question. She based her Aug. 26 ruling in part on
a 2010 decision by the Third Circuit Court of Appeals issued in the case of two helicopter pilots employed by the Port Authority of New York and New Jersey.
But the search-and-rescue pilots should not be expecting any extra pay just yet.
Gleason, in the same ruling, agreed with the borough that “highly compensated” pilots -- those making at least $100,000 a year -- are not entitled to extra compensation for overtime work. The U.S. Department of Labor rules grant overtime exemptions to employees with that level of annual pay.
Now the lawsuit, which promises to have implications for professional pilots around Alaska, has reached an accounting phase. The sides are reviewing work hours, pay received to date and what counts toward the $100,000-a-year threshold. Under provisions of Gleason’s order, those calculations are complicated by two-week-on, two-week-off rotational work schedule that the pilots began in 2004. Those rotations were started at the urging of the pilots, the borough said in one of its motions, because some did not want to live in Barrow full-time, or their spouses were unwilling to move there.
The case had been scheduled for a jury trial to start Oct. 21, but the trial has been postponed indefinitely. The parties were in court Monday to hash out future deadlines and schedules.
Attorneys in the case declined to comment on the record.
The borough now is seeking to hire at least one new pilot for its Search and Rescue Department.
Pay is $2,954.03 biweekly; overtime pay, presumably, would add to that.