Msg ID:
2697461 |
Helicopter Air Ambulance +1/-3
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Author:OT Hore
7/24/2021 8:16:59 AM
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What companies pay extra for hours in a week worked over 40. I know some US States require it and others don't. One airport in NJ is home to two HAA helicopters where one company pays OT for over 40 hours and the other does not. I guess it's all in the interpretation of the law, and the fear that if we speak up we might lose that 7 on 7 off that we all love so much? |
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Msg ID:
2697469 |
HAA is an industry regulated by Part 135, which operates under RLA +3/-0
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Author:and no Dtate can require 40 hr rule
7/24/2021 9:23:32 AM
Reply to: 2697461
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Airlines are exempt from overtime rules, and for good reason
https://www.lawyers.com/legal-info/labor-employment-law/wage-and-hour-law/transportation-industry-exemptions-under-the-flsa.html
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Msg ID:
2697484 |
HAA is an industry regulated by Part 135, which operates under RLA +1/-0
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Author:State by state
7/24/2021 11:08:07 AM
Reply to: 2697469
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HAA is not an airline. What's the "good reason"? |
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Msg ID:
2697510 |
Who said airline? Air Carrier! Interstate Air Commerce! (NT) +0/-0
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Author:Federal Statutes & Regs preemption
7/24/2021 2:51:22 PM
Reply to: 2697484
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Msg ID:
2697541 |
Who said airline? Air Carrier! Interstate Air Commerce! (NT) +0/-0
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Author:it's still state by state
7/24/2021 7:33:03 PM
Reply to: 2697510
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Msg ID:
2697554 |
Who said airline? Air Carrier! Interstate Air Commerce! +0/-0
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Author:Yes,
7/24/2021 8:15:25 PM
Reply to: 2697541
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it certainly can go down the 'state' road. Depends on how hard issues are pushed. |
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Msg ID:
2697558 |
The interstate air carrier industry is regulated State by State?? +0/-0
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Author:You are insane to believe that!
7/24/2021 8:41:52 PM
Reply to: 2697541
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Why have the feds then? Next thing you are going to tell me is the need COPCNs for each county to operate an air ambulance from.
The federal government relates interstate air commerce, not a State! Any certificate holder that gets bullied into overtime laws of a state needs an Aviation lawyer who knows the ADA, RLA, and FARs, and not a generalized "labor" lawyer! And it would help too to have an aviator in the VP chain, and not just nurses and paramedics!
If Aviation things are state by state, I guess the RLA can't be enforced in right to work States
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Msg ID:
2697573 |
The interstate air carrier industry is regulated State by State?? +0/-0
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Author:an example
7/24/2021 9:25:20 PM
Reply to: 2697558
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PHI pilots have been using the offshore ting for decades to keep from paying state taxes. I have had an EMS job and an offshore that recognized my home state as Florida and I paid no state income tax. You are naive. Wrong, too. |
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Msg ID:
2697574 |
Not sure what point you are making. State Income Tax +0/-0
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Author:isn't a state regulating an air carrier
7/24/2021 10:13:55 PM
Reply to: 2697573
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You are an employee who earns an income. Your state of residence income tax laws apply to your income. But, that's federally dictated also to protect an air carrier's employee. See 49 USC 40116(f) for details. |
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Msg ID:
2697578 |
Not sure what point you are making. State Income Tax +0/-0
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Author:The point is
7/24/2021 10:30:59 PM
Reply to: 2697574
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states have their own interpetations |
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Msg ID:
2697583 |
Interpretations of tax needs? Yeah, ok. That's why Florida (NT) +0/-0
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Author:and Tennessee are popular for many
7/24/2021 11:56:41 PM
Reply to: 2697578
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Msg ID:
2697584 |
Interpretations of tax needs? Yeah, ok. That's why Florida +0/-0
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Author:correct
7/25/2021 12:08:53 AM
Reply to: 2697583
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but the companies not taking taxes are in other states. Other states that have state income tax and the pilots are working there. |
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Msg ID:
2697607 |
Nothing to do with those States wrongly setting operating laws (NT) +0/-0
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Author:for air carrier's re: workrules/pay
7/25/2021 9:04:57 AM
Reply to: 2697584
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Msg ID:
2697609 |
Yes NY/NJ MTC does +0/-0
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Author:anony
7/25/2021 9:12:50 AM
Reply to: 2697607
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NY/NJ are both paid OT over 40 hours in a work week. MTC work week is defined as Moday-Sunday. Thursday is our day 1, so Thursday, Friday, Saturday, Sunday end up being 48 hours in a week so 8 hours of OT. Then the clock resets and our Monday, Tuesday, Wednesday is only 36 hours no OT. Its good but keep in mind not everytime you get a late flight and go over 84 hours is it going to be OT rate. If I get a late flight in the second half of the week on the fresh pay period I'm 4 hours short of 40 hours so I've got 4 hours before it goes past regular rate and goes to OT rate. Works well for us, we were also back paid for all unpaid OT going back a few years. |
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Msg ID:
2697613 |
Not because of any law requiring it! (NT) +0/-0
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Author:Anonymous
7/25/2021 9:33:26 AM
Reply to: 2697609
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Msg ID:
2697689 |
Not because of any law requiring it! +0/-0
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Author:yeah sure
7/25/2021 7:35:18 PM
Reply to: 2697613
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states often make huge monetary tax descisions based on a flip of a coin |
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Msg ID:
2697719 |
Talking 40hr work week, not taxation. No legitimate State law demands (NT) +0/-0
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Author:air carrier pay overtime >40! Preempted
7/25/2021 11:15:14 PM
Reply to: 2697689
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Msg ID:
2697742 |
Talking 40hr work week, not taxation. No legitimate State law demands +0/-0
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Author:for some strange reason
7/26/2021 11:56:10 AM
Reply to: 2697719
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you think that matters
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Msg ID:
2697743 |
It matters because States cannot dictate to air carriers +0/-0
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Author:compensation requirements.
7/26/2021 12:25:47 PM
Reply to: 2697742
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The federal government has done that. See 49 USC 42112 (b)(3), and 41713(b)
An air carrier certified to conduct interstate air commerce should not be bullied by a state legislation to compensate its employees. They are preempted issues by federal statutes. |
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Msg ID:
2697749 |
It matters because States cannot dictate to air carriers +0/-0
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Author:it doesn't matter because
7/26/2021 12:54:28 PM
Reply to: 2697743
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it's happening. You also are *probably* not a lawyer so who gives a sh*t what you think. |
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Msg ID:
2697750 |
It's "happening" because nurses and Medics in charge +0/-0
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Author:are ignorant of the federal statutes
7/26/2021 1:19:22 PM
Reply to: 2697749
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And get bullied. None of these "happenings" are court decided! All are parties stipulating out of court.
Air carrier's and employees are under RLA, a federal statute,, where they can negotiate wirkrules and wages. It is NOT the jurisdiction of any State or political subdivision thereof to prescribe workrules, wages, compensation for employees who qualify under the RLA to organize |
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Msg ID:
2697751 |
It's "happening" because nurses and Medics in charge +0/-0
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Author:are ignorant of the federal statutes
7/26/2021 1:19:24 PM
Reply to: 2697749
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And get bullied. None of these "happenings" are court decided! All are parties stipulating out of court.
Air carrier's and employees are under RLA, a federal statute,, where they can negotiate wirkrules and wages. It is NOT the jurisdiction of any State or political subdivision thereof to prescribe workrules, wages, compensation for employees who qualify under the RLA to organize |
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Msg ID:
2697752 |
It's "happening" because nurses and Medics in charge +0/-0
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Author:yeah you already said that
7/26/2021 1:20:45 PM
Reply to: 2697751
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and it still doesn't matter |
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Msg ID:
2697753 |
No need for a union if each state is acting as employee's (NT) +0/-0
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Author:labor representative!
7/26/2021 1:55:38 PM
Reply to: 2697752
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Msg ID:
2697766 |
No need for a union if each state is acting as employee's +0/-0
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Author:yeah but
7/26/2021 3:26:52 PM
Reply to: 2697753
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is the statute an air carrier? |
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Msg ID:
2697772 |
No need for a union if each state is acting as employee's +0/-0
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Author:ben done, got bent over
7/26/2021 5:11:37 PM
Reply to: 2697766
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We went down the rabbit hole with Metro as mechanics. They changed our work schedules and only gave us 4 days off a month (usually none), and we never got paid for those extra days because they participated in "interstate commerce". Good luck and to hell with HEMS. |
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Msg ID:
2697781 |
The statute protects air carrier's, air commerce, and (NT) +0/-0
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Author:the consumers who rely on it
7/26/2021 7:27:30 PM
Reply to: 2697766
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Msg ID:
2697913 |
The statute protects air carrier's, air commerce, and +0/-0
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Author:how do they protect them?
7/28/2021 1:57:08 PM
Reply to: 2697781
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seems a little over the top, air carrier guy |
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Msg ID:
2697920 |
The statute protects air carrier's, air commerce, and (NT) +0/-0
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Author:and what does it protect them from
7/28/2021 2:31:26 PM
Reply to: 2697913
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Msg ID:
2697973 |
It protects air carriers from out of control State requiremens! +0/-0
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Author:Protects public from out of control....
7/28/2021 9:15:24 PM
Reply to: 2697920
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etc, etc.
Interstate air commerce is regulated by Congress. Since it is interstate, they can't have one State enacting laws and regulations effecting federally certified air carriers differently, because it creates an unfair competition and burdens the consumer in the end for price.
Congress gave air carriers the right to compete equally, not to have a State artificially jack up prices and effect services, or to tax (directly or indirectly) the air traveler (customer).
49 USC 41713 clearly forbid States from effecting the price, route, or service provided by a federally certified air carrier. A State dictating to an air carrier how it must pay it's pilots is effecting both price and service directly and indirectly. This is strictly preempted!
49 USC 42112 clearly provide for the air carrier (not the State) to deal with its labor relations. It is the duty of the air carrier, not the State, to provide compensations, workrules, and hours. A State dictating to an air carrier requirements has usurped the authority of the air carrier (and Congress). It also requires air carriers to comply with the Railway Labor Act for dealing with labor, and does not prescribe any State to act as a labor representative for any party. IOWs, air carriers and pilots/copilots are exempt from any State laws dictating labor requiremens, since it all falls under the RLA. And that protects the public because it creates a bargaining process, managed by the NMB, where interruptions in service are not created. State required overtime (aka, >40 hrs) are not in the State's privvy to regulate! Nor, is the maximum workhours, or how the air carrier pays its pilots. That's why airlines pay its pilot for fligth hours, not actual hours, and have negotiated maximum scheduled hours, daily rigs, duty rigs, vacation schedules, overnight workrules, etc. It would (does) hamper interstate air commerce if each State dictates its own rules all across this country (and beyond)
The FAA gives air carrier certificates to air carriers, not States, and burdens (requires) the air carrier to follow particular federal labor requirements to protect the travelling public, protect the labor force, and protect the air carrier itself. The FAA does not certify States to act in that capacity or to intercede on the Fed's authority!
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Msg ID:
2698002 |
It protects air carriers from out of control State requiremens! +0/-0
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Author:you wrote a lot of words
7/29/2021 9:28:36 AM
Reply to: 2697973
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and said nothing |
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Msg ID:
2698005 |
You need glasses then! (NT) +0/-0
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Author:Anonymous
7/29/2021 10:07:01 AM
Reply to: 2698002
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Msg ID:
2697837 |
Helicopter Air Ambulance (NT) +0/-0
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Author:Boring
7/27/2021 7:32:20 PM
Reply to: 2697461
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