Security screeners exempted from overtime requirements
Transportation Security Administration (TSA) security screeners who sought overtime pay in accordance with the overtime compensation scheme set forth in the Fair Labor Standards Act (FLSA) failed to state a claim upon which relief can be granted, the US Court of Federal Claims ruled in granting the government's motion to dismiss.
Those in the security screener positions, which were created by the US Department of Homeland Security, are paid hourly wages and are provided with incentives to work less-desirable shifts. Premium-rate compensation includes nights, Sundays and holidays at 110%, 125% and 200%, respectively, of their straight-time rate.
TSA's overtime compensation scheme, however, pays screeners at one and one-half times (150%) their straight-time rate, regardless of whether they had worked regular hours or premium shifts, which is allegedly inconsistent with the calculation set forth in the FLSA. Premium rates, the FLSA provision requires, must be creditable toward overtime compensation.
Although plaintiffs filed a complaint in light of this discrepancy, the court noted that the "precise question at issue" is whether Section 111(d) of the Aviation and Transportation Security Act (ATSA) exempts TSA from compliance with the FLSA when establishing overtime compensation for security screeners. Noting that the ATSA vests TSA with complete discretion in setting compensation levels for screeners, "notwithstanding any other provision of law," the court reasoned that, because the plain language of Section 111(d) is unambiguous, TSA need not comply with FLSA. ( Jones v United States, CtFedCl, 158 LC ¶35,634.)
Reprinted with permission. © CCH
(Submitted Nov. 6, 2009)
<p>Security screeners exempted from overtime requirements Transportation Security Administration (TSA) security screeners who sought overtime pay in accordance with the overtime compensation scheme set forth in the Fair Labor Standards Act (FLSA) failed to state a claim upon which relief</p>