ATP Flight School
Getman, Sweeney & Dunn (GSD) represents lead and primary flight instructors against ATP Flight School to get redress for its failure to pay its flight instructors for all the wages due and owing for the work that they perform. The flight instructors alleged that ATP misclassified its flight instructors as independent contractors even though they worked ATP as employees. They alleged that by doing so, ATP escaped its obligation to pay them their lawful wages. These claims are currently being litigated in individual arbitrations.
Background:
On June 21, 2024, GSD filed a lawsuit on behalf of its flight instructors against ATP Flight School for misclassifying them as independent contractors and failing to pay the flight instructors for all the wages due and owing for the work that they perform. On September 4, 2024, GSD amended the Complaint and added legal claims. On October 31, 2024, the Court granted ATP’s Motion to Compel Arbitrations. Thus, these claims are being litigated in individual arbitrations. (For more background, please see case updates below.)
Status Reports
Case Update - Posted November 4, 2024
On October 31, 2024, the Court granted ATP’s Motion to Compel Arbitrations. We are currently evaluating our options. We will be holding a Zoom meeting with all of the plaintiffs to discuss the next steps very shortly (date to be determined). Please check back for any updates.
Case Update - Posted September 20, 2024
On Monday, September 17, 2024, the Court provided ATP an opportunity to respond to the Plaintiffs’ Emergency Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction. Although we hoped that the Court would immediately grant our emergency motion for a TRO, it did not do so. Instead, the Court will rule on our motion once ATP has had a chance to respond. ATP’s response is due September 30, 2024.
As of September 20, 2024, nearly 200 former and current ATP flight instructors have joined the lawsuit. It is illegal to retaliate against workers for participating in a Fair Labor Standards Act lawsuit to recover unpaid overtime wages. If ATP retaliates against you or takes any action to intimidate you from participating, please contact us immediately.
Case Update - Posted September 13, 2024
On Monday, September 9, 2024, ATP fired at least 13 Opt-in Plaintiffs for their participation in this nationwide collective action after it received notice of the amended lawsuit on Friday, September 6, 2024. ATP explicitly stated that the termination was because of their participation in the lawsuit. And ATP requires the Plaintiffs to withdraw from the case to be rehired. These illegal actions have subjected the Plaintiffs to immediate harm, as they are currently unable to meet their basic living expenses, support their families, or continue their careers in aviation.
Thus we, as Plaintiffs’ Counsel, immediately contacted ATP. When we could not reach ATP’s lawyers, we starting working on an Emergency Motion For a Temporary Restraining Order And Preliminary Injunction. It was filed with the Court today. We requested the Court to require ATP to stop its retaliatory actions and grant a host of different relief. The most important are requiring ATP to (i) rescind the termination letters issued to the Plaintiffs; (ii) stop asking Plaintiffs to dismiss their pending wage and hour claims as a condition of a continued working relationship with ATP; (iii) take Plaintiff Class Members off of “flight holds” due to their participation in this case; (iv) stop communicating directly with any putative class members about this case; (v) stop retaliating against any current or former ATP Flight Instructor for their participation in this case; and (vi) pay the Plaintiffs’ lost wages, liquidated damages, and Plaintiffs’ costs and attorneys’ fees for the time spent on this motion.
Answers to Common Questions - Updated March 31, 2025
I am/was an ATP Flight Instructor and was not paid for all of the work I performed, do I have legal claims?
Complete the Case Inquiry form and someone from GSD will contact you and help you evaluate whether you have viable legal claims.
How far back can legal claims be made?
Statutes of limitation vary under different laws. Until you assert your claims formally by filing an arbitration, your claims will continue to run (meaning you will have less and less time to assert your claims and shortening periods to claim damages). If you are interested in asserting your rights under the law, you should take action immediately.
Do I have to pay any legal fees if I contact you and ask you to represent me?
GSDis representing ATP Flight Instructors on a contingent basis and will only be paid if we win through a settlement or final judgment.
Can ATP fire me or take action against me for asserting my legal claims?
The law prohibits retaliation for bringing overtime claims. If any employee suffers retaliation, ATP would be liable for additional damages. Notify an attorney immediately if you think any retaliation is occurring. Retaliation is rare in wage-and-hour cases because an employer can incur significant damages.
What locations are covered by this lawsuit?
If you worked for ATP at any of its training facilities in the U.S.A , you may have legal claims.
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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