Unpaid Overtime Lawsuit Settlement with Delta Workers Approved

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Preliminary approval was granted to a $1.4 million settlement of a class action lawsuit filed on behalf of a Class of “Ready Reserve”cargo employees who worked for Delta Air Lines in California from March 2009 to March 2014 and allegedly did not get compensated for overtime and meal breaks. The Class alleged Delta violated California labor laws and federal wage and hour laws.

The unpaid overtime class action lawsuit was filed in March 2013 by Andrew Bell, a former Delta employee who had worked in San Francisco as a Ready Reserve cargo customer agent. According to Bell’s claim, on behalf of himself and the Class, Delta is guilty of “(1) failure to pay overtime wages; (2) failure to pay wages for all hours worked; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to provide accurate itemized wage statements; (6) waiting time penalties; (7) unfair competition; and (8) civil penalties.”

The parties, rather than risk a drawn out trial and unknown judgment, chose to settle the unpaid overtime class action lawsuit. After close to a year of discussions with a mediator, an agreement was reached to create a settlement fund. This $1.4 million fund will provide relief to 1,138 Ready Reserve employees. Additionally, 25 percent of the fund will cover attorney fees and class counsel.

According to the unpaid overtime class action settlement, all Class Members will receive the total value of overtime claims caused from voluntary shift trades. Ex-employees who didn’t receive wages due at termination will receive $618 in “waiting time penalties,” and Bell will collect a $7,500 payment.

California U.S. District Judge Yvonne Gonzalez Rogers said the settlement was “fair, adequate, and reasonable to the Class.” The final settlement approval is set to file on Sept. 29, and the final hearing on Oct. 14.

Wages, Labor and Litigation

California labor laws state that hourly employees (non-exempt) are entitled to overtime once they pass eight hours a day, or 40 hours a week. Moreover, California employers are mandated to track hours, provide rest periods and meal breaks, and reimburse employees for business related expenses. These laws are backed by the Fair Labor Standards Act, (FLSA), also referred to as the Wages and Hours Bill. These laws are in place to protect employees.

According to the Department of Labor, there were “40,000 wage-and-hour complaints during fiscal 2010.” Today, wage and hour litigation is one of the fastest-growing types of class action lawsuits. The number of lawsuits has climbed annually, alleging unpaid overtime and misclassification of exempt worker status.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone. See if you qualify to take legal action now.