ATP Flight School
(Active)
Getman, Sweeney & Dunn has filed a lawsuit against ATP Flight School for misclassifying its flight instructors as independent contractors in violation of the Fair Labor Standards Act (FLSA).
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 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. You can read the Complaint here.
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 eligible to join.
How to Join this Case
You can join this case by completing this online Consent to Sue form.
Status Reports
Answers to Common Questions - Posted June 25, 2024
What claims are covered in this case?
The case claims that ATP misclassified its flight instructors as independent contractors even though it treats them as employees. As a result of that misclassification, the case covers claims for minimum wage and overtime pay under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed are that ATP failed to pay its flight instructors for all hours worked in a workweek leading to overtime violations. We expect ATP will dispute these allegations. The Court has not made any determination as to liability.
What damages are sought?
Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back two or three years from when someone affirmatively joins the case by filing a Consent to Sue.
How far back can claims be made?
Generally, under the FLSA, you are entitled to make claims for the period extending back two or three years from the date your Consent to Sue is filed with the court. Defendant will be entitled to argue that any alleged violations were not willful and that claims should only be limited to a two-year period preceding the filing of your Consent to Sue. This two- or three-year period is called the “statute of limitations.”
Some states may have longer statutes of limitation.
How do I join the case?
If you choose to join this collective action, you can do so by completing a Consent to Sue and sending it to Getman, Sweeney & Dunn for filing.
Do I have to pay to join the case?
Getman, Sweeney & Dunn, PLLC is handling this case on a contingent basis and will only be paid if we win through a settlement or final judgment.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue is filed. If you delay in filing the Consent to Sue or do not bring your own case, part or your entire claim may be barred by the statute of limitations. You can complete this Consent to Sue and send it to Getman, Sweeney & Dunn for filing.
Can the Defendant fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, Defendant would be liable for damages, at least double the injury caused to the employee, and possibly much more. Notify an attorney immediately if you think any retaliation occurs. Retaliation is rare in overtime cases because an employer can incur damages, including back wages, liquidated damages, and punitive damages.
What locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover every worksite nationwide in the U.S.A. If you worked for Defendant anywhere in the country, you can bring FLSA claims in this case.
Case Inquiry
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that completing this form does not establish an attorney-client relationship. For information on joining the case, please see the "How to Join this Case" section.
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