Scenario Discussion Employment Law Labor Relations

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Embry-Riddle Aeronautical University *

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Economics

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Feb 20, 2024

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Scenario Discussion Employment Law Labor Relations You are employed as a corporate pilot by Gargantuan National Bank. The job puts your flight schedule at the mercy of the travel needs of the bank’s key executives, who travel worldwide often on very short notice and expect you to be ready to depart as soon as they finish their business at a location. Is it to your advantage or disadvantage to be classified by the U.S. Department of Labor as a “learned professional”? Explain. As a corporate pilot hired by Gargantuan National Bank, it would be disadvantageous to be categorized by the U.S. Department of Labor as a "learned professional." According to Hamilton and Nilsson (2020), "learned professional" workers are excused from specific labor laws, such as overtime pay requirements under the Fair Labor Standards Act (FLSA). As a "learned professional" pilot, the bank would not be mandated to pay overtime for hours labored over 40 a week. The essence of the job as a corporate pilot, with unforeseen and extended working hours, would indicate they anticipate working without supplemental wages. I may be on call, prepared to leave at any instant, which can generate significant value and negatively influence my work- life balance. I must understand my liberties under the FLSA and confer with legal counsel if I have been misclassified. If the bank compensated me for the unpredictability of the job schedule, I could see being categorized as a "learned professional" as sufficient but still not necessarily a benefit. Gargantuan National Bank would be legally valid in organizing a corporate pilot as a learned professional without the pilot's immediate responsibilities being a flight instructor. This is because the classification as a "learned professional" is established on the job responsibilities and "salary test" (one of the standards utilized by the U.S. Department of Labor to decide if a worker is exempt from overtime pay) and not just on the profession or title of the employee. References Hamilton, J.S. and Nilsson, S. (2020). Practical Aviation & Aerospace Law. Newcastle, WA: Aviation Supplies & Academics, Inc. Fact sheet #17G: Salary basis requirement and the part 541 exemptions under the Fair Labor Standards Act (FLSA) (2019, September) United States Department of Labor. https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary

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