Baggage and cargo handlers at Southwest Airlines alleged they were paid only twice a month, whereas New York employment law mandates that manual workers are paid weekly, according to a recently filed lawsuit in the U.S. District Court for the Eastern District of New York.
The class-action lawsuit, with Southwest workers Richard Strain and David Garner at the forefront, seeks damages for two separate complaints: that Southwest failed to pay workers on time under New York Labor Law and failed to issue prompt payment under the Fair Labor Standards Act.
“It is egregious that Southwest continues to ignore these state and federal statutes to the detriment of its manual workers statewide,” Michael Palmer, co-managing partner at law firm Sanford Heisler Sharp McKnight said in a statement.
The New York State Attorney General’s website outlines all aspects of labor law in the state, including wages. It states that manual workers need to be paid “at least once a week, not more than a week after the wages were earned.”
“Southwest’s refusal to pay its manual workers every week is inconsistent with the state law’s purpose of protecting individuals who depend upon their regular wages for sustenance,” Palmer said in a statement. “No worker living paycheck to paycheck should have to wait to receive their earned wages.”
Ultimately, the plaintiffs are seeking $100 million in damages, to accommodate the 100 or more workers similarly situated to the two main plaintiffs.
HR Dive reached out to Southwest for comment; a spokesperson said the company declines to comment on pending litigation.