Legislature(2003 - 2004)
03/03/2003 03:16 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 94-OVERTIME PAY FOR AIRLINE EMPLOYEES Number 1701 CHAIR ANDERSON announced that the final order of business would be HOUSE BILL NO. 94, "An Act exempting flight crew members of certain air carriers from overtime pay requirements." Number 1720 REPRESENTATIVE BEVERLY MASEK, Alaska State Legislature, presented HB 94 on behalf of the House Transportation Standing Committee, by request, which she co-chairs. She noted that this bill was introduced to bring certainty to the interpretation of existing state and federal wage and hour laws as they pertain to the payment of overtime in the air transportation industry. Because of the uniqueness of their working conditions, flight crews have been considered professionals who are exempt from the standard 8-hour workday, 40-hour week, and the associated overtime pay requirements. In conjunction with the maximum flight-hour requirements set by the FAA [Federal Aviation Administration], these exemptions at both the state and federal level have allowed the industry to structure wage and hour schedules best suited to the work requirements of their flight crew personnel. REPRESENTATIVE MASEK said that some Alaska court decisions have raised questions about the correct interpretation of state wage and hour laws and the application of overtime exemptions for flight crews. She said that HB 94 is intended to clarify the Alaska Wage and Hour Act and to ensure that Alaska law is consistently applied to the flight crewmembers of air carriers. The federal Railway Labor Act [45 U.S.C. 181-188] governs air carriers, and the bill cites it in order to provide consistency between federal and state application of the exemptions. REPRESENTATIVE MASEK noted that the bill packet includes background on the Railway Labor Act and sections of a lawsuit pending against Era Aviation in Anchorage. Number 1828 JENNIE LOU BENDER, Flight Attendant, Era Aviation ("Era"), Palmer, testified in favor of HB 94. She explained that being exempted from overtime laws gives her blocks of personal time during which she uses her flight benefits to visit her children in other locations and to spend time with her husband when he's home from his job in the Bush. CHAIR ANDERSON asked for clarification on how HB 94 would benefit her as a flight attendant. MS. BENDER explained that if Era can schedule her to work longer than eight-hour days, she can work longer days and have more time off during a month. Number 1890 NANI IKAAI, Flight Attendant, Era Aviation, testified in support of HB 94. She explained that HB 94 enables the airline to schedule employees more economically and allows employees to have larger blocks of time off in a month's period. Other employees who prefer an eight-hour day can be scheduled that way, she said. Number 1926 MS. IKAAI, responding to questions by Representative Gatto, noted that because of the different routes and schedules the employees fly, this exemption from overtime allows them to work a duty period up to 12 or 14 hours a day, although they can only be in the air per FAA regulations 8 hours out of a 24-hour period. It allows a longer day, up to 6 days in a row, with the benefit of up to a week and a half off for personal time, including personal travel. She explained that she is not paid overtime; rather, she's guaranteed a certain salary for 60 flight hours per month. Instead of stretching the flight hours over 30 days, she can consolidate the hours into 15 or 18 days, giving her more personal time. She said in the airline industry, the personal time off is more important than the pay. CHAIR ANDERSON reiterated that this bill puts into statute existing policy and exempts flight crews from overtime. He noted that the last time he spoke to a representative of the Teamsters Union, that person had no problem with HB 94. Number 2025 REPRESENTATIVE CRAWFORD asked if this kind of scheduling also applied to pilots and questioned whether this is a safety issue. MS. IKAAI explained that duty time for flight crews is restricted to 8 hours in the air in any 24-hour period and must include one day off in every seven. In response to Representative Crawford's question, she said that this would not require fewer pilots. She said pilots would benefit from the block of personal time off they could schedule. For example, instead of working five days on, two days off, pilots could possibly work six days on for two and one-half weeks and then have the rest of the month off. Other pilots would have reverse scheduling in order to cover the routes all month long. Number 2114 REPRESENTATIVE CRAWFORD asked whether this type of scheduling is in use now. MS. IKAAI explained that scheduling is fairly flexible now. REPRESENTATIVE CRAWFORD asked if there were any pilots that could speak to the bill. CHAIR ANDERSON said he will hold the bill over and keep public testimony open.
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