Wage and Hour Class Action Against Delta Air Lines Bumped to California’s Central District

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A proposed class action centered on claims that Delta Air Lines, Inc., has systematically denied employees proper overtime pay has been transferred into California’s Central District.

Filed on March 22, the 17-page suit alleges Delta’s apparent California labor law violations stem from its failure to take into account all required forms of compensation when calculating employees’ regular hourly rates of pay for the purpose of tallying overtime wages. According to the plaintiff, Delta, in calculating overtime pay, has failed to take into account shift differential pay, non-discretionary Shared Rewards bonuses, profit-sharing payments, and “the fair market value of pass travel privileges and Travel Companion Passes,” which the suit says Delta treats as taxable income.

“By excluding these forms of remuneration from its calculations of employees’ overtime premiums, Delta has systematically underpaid its employees for their overtime hours worked,” the case reads.

The suit looks to cover anyone employed by Delta in non-exempt positions in California, excluding pilots and flight attendants, at any time on or after July 1, 2017.