My question involves labor and employment law for the state of: texas
HI I work for a company that is trying to move us all tho a new pay system where we would get the higher portion of our paycheck during the beginning of the month and the smaller portion at the end of the month, A lot of us do not want this new pay sytem and would just like to be paid the ours that we are already flying as oppose to an advance so that the company can get us on board with this new pay system. Can they legally make changes to my pay and force me to take and advancement that I DO NOT CLEARLY WANT. PLEASE ANY HELP!!!!! They have emailed a document that we are to sign to agree to the payments, I have not signed anything or given an option, the document they sent us will not display until after we have checked the box to agree to an electronic signature, I would rather read the document first before agreeing to anything. SO I have not signed anything giving the company permission to alter these changes to my pay or for an advancement. I am a union member and our union is currently not able to handle the issues of our members who do not want this pay advancement forced on us. Is there anything legally I can do to stop this?
Our union is very weak right now, and currently our president resigned and quit, I just need information that could legally help us prevent this advancement that we do not want..
I will try and explain our pay system currently today, we are paid 35 base hours on the 15th of the month. Those 35 hours are paid under the assumption the Flight Attendant will work 35 hours between the 1st and 15th of that current month. On the 30th/31st of the month, the Flight Attendant is paid another 35 base hours because the Company assumes s/he will have worked 35 hours between the 16th and 30th/31st. Also paid on the 30th/31st is the “true up” from the previous month (all premiums, TAFB, international overrides, and any hours over 70 that were flown the previous month—one month in arrears).
The Company is telling us this transition will happen with the July 15th pay check. The LAA Flight Attendants will already be paid 70 hours for June on their June 15th and 30th pay checks. This means that the July 15th check, for LAA Flight Attendants, would represent any hours over 70 that were flown in June plus premiums, TAFB, and international overrides from June. The July 31st check will represent 37.5 hours from July 1st - July 15th.
For some, that might create a shortfall in one’s personal budget. The Company has stated they will front or advance the Flight Attendant 35 hours on July 15th.
Below you will find examples of how the transition would work depending on whether or not a Flight Attendant chooses to accept the advance:
EXAMPLE A:
Flight Attendant James flies 113 hours in June and 140 hours in July. He opts out of the Company advance of 35 hours. On July 15th, James is paid 43 hours plus premiums, TAFB, and international overrides from June. On July 31st, James is paid 37.5 hours. On August 15th, James is paid 102.5 hours plus premiums, TAFB, and international overrides from July.
James was paid 35 hours on July 15th from his hours in June. He flew 113 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
113 hours flown in June minus(-) 70 hours already paid in June = 43 hours paid on July 15th.
140 hours flown in July minus(-) 37.5 hours paid on July 31st = 102.5 hours paid on August 15th.
Note: Even though James opted out of the Company advance, his mid month check on July 15th will not be zero.
EXAMPLE B:
Flight Attendant Rachel flies 80 hours in June and 90 hours in July. She decides to take the 35 hour advance on July 15th. On July 15th, Rachel is paid 45 hours plus premiums, TAFB, and international overrides from June. On July 31st, Rachel is paid 37.5 hours. On August 15th, Rachel is paid 52.5 hours plus premiums, TAFB, and international overrides from July.
Rachel was paid 45 hours on July 15th from her hours in June plus the 35 hour advance. She flew 80 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
80 hours flown in June minus(-) 70 hours already paid in June = 10 hours + 35 hour advance = 45 hours paid on July 15th.
90 hours flown in July minus(-) 37.5 hours paid on July 31st = 52.5 hours paid on August 15th.
EXAMPLE C:
Just like Rachel, Flight Attendant Brad flies 80 hours in June and 90 hours in July. He decides not to take the 35-hour advance on July 15th. On July 15th, Brad is paid 10 hours plus premiums, TAFB, and international overrides from June. On July 31st, Brad is paid 37.5 hours. On August 15th, Brad is paid 52.5 hours plus premiums, TAFB, and international overrides from July.
Brad was paid 10 hours on July 15th from his hours in June.
He flew 80 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
80 hours flown in June minus(-) 70 hours already paid in June = 10 hours paid on July 15th.
90 hours flown in July minus(-) 37.5 hours paid on July 31st = 52.5 hours paid on August 15th.
EXAMPLE D:
Kelly is on reserve in June. Her reserve guarantee is 75 hours. In July, it’s her line month and she flies 80 hours. She does not want to take the 35-hour advance.
On July 15th, Kelly is paid 5 hours plus any premiums, TAFB, and international overrides from June. On July 31st, Kelly is paid 37.5 hours. On August 15th, Kelly is paid 42.5 hours plus premiums, TAFB, and international override from July.
Kelly was paid 5 hours on July 15th from her hours in June.
Her reserve guarantee was 75 hours and she had been paid 70 hours in June (35 hours on June 15th and 35 hours on June 30th).
75 hour guarantee in June minus(–) 70 hours already paid in June = 5 hours paid on July 15th.
80 hours flown in July minus(–) 37.5 hours paid on July 31st = 42.5 hours paid on August 15th.
HI I work for a company that is trying to move us all tho a new pay system where we would get the higher portion of our paycheck during the beginning of the month and the smaller portion at the end of the month, A lot of us do not want this new pay sytem and would just like to be paid the ours that we are already flying as oppose to an advance so that the company can get us on board with this new pay system. Can they legally make changes to my pay and force me to take and advancement that I DO NOT CLEARLY WANT. PLEASE ANY HELP!!!!! They have emailed a document that we are to sign to agree to the payments, I have not signed anything or given an option, the document they sent us will not display until after we have checked the box to agree to an electronic signature, I would rather read the document first before agreeing to anything. SO I have not signed anything giving the company permission to alter these changes to my pay or for an advancement. I am a union member and our union is currently not able to handle the issues of our members who do not want this pay advancement forced on us. Is there anything legally I can do to stop this?
Our union is very weak right now, and currently our president resigned and quit, I just need information that could legally help us prevent this advancement that we do not want..
I will try and explain our pay system currently today, we are paid 35 base hours on the 15th of the month. Those 35 hours are paid under the assumption the Flight Attendant will work 35 hours between the 1st and 15th of that current month. On the 30th/31st of the month, the Flight Attendant is paid another 35 base hours because the Company assumes s/he will have worked 35 hours between the 16th and 30th/31st. Also paid on the 30th/31st is the “true up” from the previous month (all premiums, TAFB, international overrides, and any hours over 70 that were flown the previous month—one month in arrears).
The Company is telling us this transition will happen with the July 15th pay check. The LAA Flight Attendants will already be paid 70 hours for June on their June 15th and 30th pay checks. This means that the July 15th check, for LAA Flight Attendants, would represent any hours over 70 that were flown in June plus premiums, TAFB, and international overrides from June. The July 31st check will represent 37.5 hours from July 1st - July 15th.
For some, that might create a shortfall in one’s personal budget. The Company has stated they will front or advance the Flight Attendant 35 hours on July 15th.
Below you will find examples of how the transition would work depending on whether or not a Flight Attendant chooses to accept the advance:
EXAMPLE A:
Flight Attendant James flies 113 hours in June and 140 hours in July. He opts out of the Company advance of 35 hours. On July 15th, James is paid 43 hours plus premiums, TAFB, and international overrides from June. On July 31st, James is paid 37.5 hours. On August 15th, James is paid 102.5 hours plus premiums, TAFB, and international overrides from July.
James was paid 35 hours on July 15th from his hours in June. He flew 113 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
113 hours flown in June minus(-) 70 hours already paid in June = 43 hours paid on July 15th.
140 hours flown in July minus(-) 37.5 hours paid on July 31st = 102.5 hours paid on August 15th.
Note: Even though James opted out of the Company advance, his mid month check on July 15th will not be zero.
EXAMPLE B:
Flight Attendant Rachel flies 80 hours in June and 90 hours in July. She decides to take the 35 hour advance on July 15th. On July 15th, Rachel is paid 45 hours plus premiums, TAFB, and international overrides from June. On July 31st, Rachel is paid 37.5 hours. On August 15th, Rachel is paid 52.5 hours plus premiums, TAFB, and international overrides from July.
Rachel was paid 45 hours on July 15th from her hours in June plus the 35 hour advance. She flew 80 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
80 hours flown in June minus(-) 70 hours already paid in June = 10 hours + 35 hour advance = 45 hours paid on July 15th.
90 hours flown in July minus(-) 37.5 hours paid on July 31st = 52.5 hours paid on August 15th.
EXAMPLE C:
Just like Rachel, Flight Attendant Brad flies 80 hours in June and 90 hours in July. He decides not to take the 35-hour advance on July 15th. On July 15th, Brad is paid 10 hours plus premiums, TAFB, and international overrides from June. On July 31st, Brad is paid 37.5 hours. On August 15th, Brad is paid 52.5 hours plus premiums, TAFB, and international overrides from July.
Brad was paid 10 hours on July 15th from his hours in June.
He flew 80 hours in June and had already been paid for 70 of those hours (35 hours on June 15th and 35 hours on June 30th).
80 hours flown in June minus(-) 70 hours already paid in June = 10 hours paid on July 15th.
90 hours flown in July minus(-) 37.5 hours paid on July 31st = 52.5 hours paid on August 15th.
EXAMPLE D:
Kelly is on reserve in June. Her reserve guarantee is 75 hours. In July, it’s her line month and she flies 80 hours. She does not want to take the 35-hour advance.
On July 15th, Kelly is paid 5 hours plus any premiums, TAFB, and international overrides from June. On July 31st, Kelly is paid 37.5 hours. On August 15th, Kelly is paid 42.5 hours plus premiums, TAFB, and international override from July.
Kelly was paid 5 hours on July 15th from her hours in June.
Her reserve guarantee was 75 hours and she had been paid 70 hours in June (35 hours on June 15th and 35 hours on June 30th).
75 hour guarantee in June minus(–) 70 hours already paid in June = 5 hours paid on July 15th.
80 hours flown in July minus(–) 37.5 hours paid on July 31st = 42.5 hours paid on August 15th.
Can an Employer Force Us to Take an Advancement
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