On Thursday May 21, 2020, Judge Stephen Wilson of the U.S. District Court for the Central District of California granted final approval to the $ 3.5 million settlement in the Fan v Delta Airlines, Inc. wage and hour class action. The case arose out of Delta’s calculation of overtime for its non-exempt ground employees ( e.g., ticket counter personnel, gate personnel, and baggage handlers) in California since July 1, 2017. The suit, filed in March 2019, alleged that Delta should have included the following in the calculation of overtime: (a) profit sharing payments from a plan that did not appear to meet the requirements for an exemption; (b) imputed income from travel benefits; and (c) premium pay for missed meal and rest breaks. The plaintiffs also alleged that Delta’s calculation of their non-discretionary bonus should have been based on the time period when the bonus was earned, not on the later period when it was paid, and that Delta’s calculation of their premium pay improperly included vacation and holidays in the denominator.
The claims administrator will send checks to class members on June 11, 2020.