Fighting for Fair Pay

ATP Flight School Investigation

Getman, Sweeney & Dunn is investigating ATP Flight School for misclassifying its flight instructors as independent contractors in violation of the Fair Labor Standards Act (FLSA).

The FLSA establishes minimum wage, overtime pay, recordkeeping, and other employment standards for employees in the private sector and in Federal, State, and local governments.

Even though ATP treats the flight instructors like employees, ATP classifies its flight instructors as independent contractors. Because the flight instructors are misclassified, they are entitled to be paid at the minimum wage as well as overtime at the rate of time-and-one-half for hours worked over 40 in a week. For example, ATP did not pay instructors for ground training that is not tied to a flight. In some weeks, this brings their wages below the minimum wage. In those times, the instructors should get minimum wage for all hours worked in that week. In some weeks, this brings the flight instructors’ work hours above 40 hours in one week. In those times, the instructors should get overtime for hours worked over 40 in a week.

If you worked for ATP Flight School as a flight instructor in the past 3 years, performed work that was unpaid, and/or worked over 40 hours in week, you may be owed back pay. To find out if you have a claim, you can call us at 845-255-9370 or fill out the intake form. Calls are free, confidential, and there is no obligation.