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NetJets Pilots Ask for Better Pay for Flying Millionaires

Despite the inch of rain dumped on the city, last Thursday was a busy day in private aviation for New York. Vice President Joe Biden touched down in Air Force Two a stone’s throw away from Donald Trump’s jet, and just across the river, at Teterboro Airport in New Jersey, 85 NetJets pilots walked in circles for three hours as part of a nationwide picket. At six other airports—Columbus, Dallas, Scottsdale, Seattle-Tacoma, Van Nuys, and Palm Beach International—700 of their colleagues did the same. The pilots, who all work for the fractional jet-ownership company, picketed as part of a more than two-year-long labor dispute. The roughly 3,000 pilots who fly for the company have been working without a contract since 2013. Their union, the NetJets Association of Shared Aircraft Pilots, and NetJets blew past their self-imposed September 3 deadline for a tentative agreement. The bristle, of course, has been over pay and benefits. The pilots’ union said salaries are not high enough and the company’s proposed changes to benefits would put them on the hook for more health-care costs. NetJets said in a statement that on economic issues, the two sides are still a long way apart. ”Much of this difference is due to the parties’ views about the economics of this business­ . . . as well as different expectations concerning the demand for the services we provide,” the statement read. The company then noted that the pilots’ interests have to be balanced with the commitments to other staff members and stakeholders. NetJets is a subsidiary of Warren Buffett’s Berkshire Hathaway. Captain Brian Ward, who’s been a NetJets pilot since 2002, joined the group picketing in Seattle. He’s based out of Denver, flying the eight-seat, midsize Cessna Citation X jet, working the same 14-hour days every other pilot is capped at. Like most NetJets pilots, he works seven days on, seven days off, maxing out at 98 hours on the job during the “on” weeks. Unlike most commercial-airline pilots, Ward said, NetJets pilots have a whole other set of jobs to worry about, since the smaller private planes typically don’t have a crew. They also land in small, private-use airports that don’t always have ground support. That means NetJets pilots are not only in charge of flying passengers safely to and from a destination, but they’re also loading luggage, working with catering, making sure the plane is fueled and serviced once they land, and complying with client requests for pets to be taken care of and blankets arranged in a certain way. Add to that the fact that since NetJets customers often fly to small or private-use airports in small towns for businesses or remote resorts and vacation homes, pilots are constantly flying routes and landing at airports they’ve never flown to or landed at before. And since customers can book and change flights at the last minutes, Ward said pilots rarely know where they’re going, when they’re going, and how many places they’ll be going until right before they’re actually taking off. “It’s a very high level of service and we’re trying to provide that experience, and because we don’t have support personnel, that work comes from the pilot. That’s stuff normal pilots wouldn’t be doing,” he said. Yet Ward, who’s been involved with the union for years, and other union members feel like they’re not being fairly compensated for all of the extra responsibilities, which has been a huge sticking point in the contract negotiations. Ward said he makes a base salary of $132,000, though on average, makes an additional 10 percent of that in overtime and holiday pay. Ward has been at the company for 13 years, and falls into the captain salary band. Those starting at the company, in the first-officer level, take home $57,000 in their first year, according to the union. NetJets did not respond to requests for information on pay. The union said NetJets pilots are paid 60 percent of what commercial pilots are paid, though the company told The Wall Street Journal its pilots are some of the “best paid in the industry,” in January. At Berkshire Hathaway’s annual meeting in May, Buffett said NetJets pilots make an average of $145,000 per year, according to The New York Times. The negotiation comes down to more than just pay. A major hold-up has been proposed changes to health-care coverage. NetJets told the Journal that its proposal called for a “few reasonable changes,” including “a modified health-care plan that will require union employees to contribute to premiums that they currently don’t pay.” But those changes, however reasonable, are putting pressure on pilots like Captain Coley George, who drove five hours from Providence, Rhode Island, with a few other pilots on his week off to picket in Teterboro last week. He has been a captain with NetJets for 14 years and is also the union's vice president of Industry Affairs. For the last two, the worry about whether his health-care costs will change, and by how much, has seeped into the home he shares with his wife and two children. “Not knowing what my costs are going to be, you bring uncertainty into the household,” he said. “You start to think about whether be cutting back on your kids’ activities, putting away for college or retirement. That’s why I picketed.” Last week’s show at airports weren’t the first. In fact, hundreds of members turned up at Berkshire Hathaway’s annual meeting earlier this year. Before that, they picketed at the Masters Golf Tournament, the Super Bowl, and the NetJets Poker Invitational in Las Vegas, which was hosted by Buffett. This is not a showing NetJets customers, who are typically wealthy clients looking to avoid the hassles and security headaches that go along with commercial air travel, would want to keep seeing out of their private-plane window for the unforeseeable future. One NetJets client, who did not want his name printed, said that the last thing he wants to know is that his pilot is unhappy. Perhaps that is why NetJets continues to state its eagerness to come to a resolution. Its statement said they will again meet with the union once their mediator directs them to, and reiterated that the pilots are the “best at what do” and they’re “proud to call them colleagues.” Captain Ward doesn’t always feel that appreciation. “We’re not going to accept a contract that is subpar, that doesn’t adequately reflect our work and experience,” he said. He understands that seeing a picket line full of pilots may be disconcerting, but he hopes that will knead NetJets closer to a deal. No need to worry, however, since he said pilots are very good at compartmentalizing and trained to put emotions aside, and NetJets pilots are deeply committed to operating safely even in the midst of negotiations. So sit back, kick your feet up on those specially arranged blankets, and enjoy the view of a hundred soaking-wet pilots earning all year what you paid in landscaping for the summer. You’ll arrive safely at your destination in just a few short hours. http://www.vanityfair.com/news/2015/09/netjets-pilots-picket
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The “Big Beautiful Bill”: A Win for Workers or a Wolf in Sheep’s Clothing?

By: Bob DeRose, Wage and Hour Attorney for Employees As someone who has spent years advocating for workers’ rights, I’ve seen firsthand how small changes in tax or labor law can have massive ripple effects on working families. The recently proposed “Big Beautiful Bill,” which seeks to exempt overtime wages and tips from federal income tax, is one of those changes that sounds great on the surface—but deserves a closer look. more The Good: More Money in Workers’ Pockets There’s no denying the immediate appeal: Tipped workers —like restaurant servers—could save thousands annually. Overtime earners —like healthcare and logistics workers—would see a boost in take-home pay. For many, this could mean finally catching up on bills, saving for emergencies, or just breathing a little easier. In fact, some estimates suggest a single mother working overtime could save over $2,000 a year. That’s not pocket change—it’s rent, groceries, or a child’s school supplies. ⚠️ The Catch: What’s the Real Cost? But here’s where I urge caution. As with many sweeping reforms, the devil is in the details: Overwork Incentives: The bill could unintentionally pressure workers to take on more hours, even at the expense of their health or family time. Wage Suppression: Employers might cut base wages, knowing workers will rely on untaxed income to make up the difference. Loopholes for the Wealthy: High earners could exploit it by restructuring compensation to appear as “overtime.” Massive Revenue Loss: The federal government could lose up to $866 billion over 10 years. ⚖️ So, What Should Workers Think? As an advocate for employees, I believe in policies that empower workers without exposing them to new risks. While the “Big Beautiful Bill” offers short-term gains, it may also: Undermine wage stability Encourage burnout Shift tax burdens in ways that hurt the very people it claims to help Whitehouse.gov. The estimates were from the Tax Foundation and the Budget Lab at Yale. https://www.pgpf.org/article/heres-how-no-tax-on-overtime-would-affect-federal-revenues-and-tax-fairness/ Ohio is doubling down, House Bill 209, would exempt tips from state and local income taxes. 🗣️ Final Thoughts If you’re a worker, stay informed. If you’re an employer, don’t use this bill as an excuse to cut corners. And if you’re a policymaker—listen to the people on the ground. This bill may be “beautiful” in name, but beauty, as we know, is only skin deep. Bob DeRose, Partner at Barkan Meizlish DeRose Cox, LLP

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When Should I Contact an Ohio Workers’ Compensation Lawyer?

Workers’ compensation laws are in place to protect employees who are injured on the job. However, navigating the process can be confusing and overwhelming for people unfamiliar with the system. This is where a workers’ compensation law firm in Ohio like Barkan Meizlish DeRose Cox, LLP. comes in. An experienced Ohio workers’ compensation law firm can help you understand your rights, file a claim, and fight for fair compensation. It’s important to know when to contact a workers’ compensation lawyer to get the help you need to protect your rights and get the benefits you deserve. Why Do I Need a Workers’ Compensation Attorney? A workers’ compensation law firm provides valuable assistance to those who have been injured on the job. Workers’ compensation attorneys have a deep understanding of the workers’ comp laws and the claims process, which can assist you in receiving fair compensation for your injuries. An experienced workers’ compensation attorney will assist in negotiations with your employer on your behalf, ensuring that your rights are protected and that you receive the maximum benefits you are entitled to. Furthermore, if a dispute arises in the administrative system, a workers’ compensation attorney can represent you in court and fight for your rights through effective litigation. In short, a workers’ compensation attorney can provide both peace of mind and be a strong advocate during this difficult time. The Benefits of Contacting a Workers’ Compensation Law Firm Hiring a workers’ compensation law firm offers several benefits you may miss out on if you choose to represent yourself. Nobody has more expertise in the field of workers’ compensation than an experienced Ohio workers’ compensation lawyer. Practicing workers’ compensation lawyers have a deep understanding of the laws and regulations surrounding your claim that they can use in securing you fair and just benefits. Another benefit to hiring an experienced workers’ compensation law firm is that they will represent and speak on your behalf during negotiations with your employer, defense attorneys, and third-party administrators to ensure your rights are protected throughout the process. While you could represent yourself in your workers’ compensation claim, we don’t recommend doing so. Hiring a workers’ compensation attorney provides you with the expertise, representation, and resources you need to receive fair and just compensation for your injuries. Why You Should Act Fast After Your Injury The best time to contact a workers’ compensation attorney is as soon as you are injured. Workers’ compensation claims in Ohio must be filed within a year of the injury. Failing to do so will bar you from pursuing any workers’ compensation benefits. Not only that, but gathering evidence becomes more difficult the further you are from the injury. Contacting a Columbus workers’ compensation lawyer as soon as you suffer an injury ensures your claim is filed correctly, before the statute of limitations expires, and that you are able to gather all the evidence you need to support your claim. Ohio Workers’ Compensation Lawyers That Work for You If you have been injured on the job or have developed an occupational illness, it is important to seek legal representation as soon as possible. A workers’ compensation law firm will help ensure your rights are protected and that you receive the compensation you deserve. We can also help you navigate the complex workers’ compensation system, negotiate with involved parties, and represent you in court if necessary. Don’t wait until it’s too late to seek the help you need. Contact the Ohio workers’ compensation lawyers at Barkan Meizlish DeRose Cox, LLP. today to request your free consultation.

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Ohio’s New Overtime Rules Sanction Wage Theft

SB 47, Ohio’s New Overtime Rules Sanction Wage Theft Starting July 6, 2022 On April 6, 2022, Ohio Governor Mike DeWine signed Senate Bill 47 into law which changes the State’s overtime rules. The Ohio Legislature failed miserably in its attempt to incorporate the federal Portal-to-Portal Act and Section 216(b) of the Fair Labor Standards Act (“FLSA”) into the Ohio Revised Code.   Ohio Legislators bowed to special interests by incorporating only the employer-friendly portions of the FLSA into O.R.C. §§ 4111.031 and 4111.10(C). They attempt to strip and muddle long-existing overtime protections granted to hourly workers by the United States Congress. How Does This Affect Employees and Employers? While the new overtime rules will hurt hourly employees, it will be a potential minefield for employers who comply with the law. The Portal-to-Portal Act, 29 U.S.C. § 254 of the FLSA, provides that employers are not required to pay for the time employees spend on activities occurring before or after they perform the principal activities for which they are employed. The new Ohio overtime law at Sec. 4111.031(A)(1) (a) and (b) incorporated Sec. 254(a)(1) and (2): Sec. 4111.031(A)(1) … an employer is not required to pay the overtime wage rate under section 4111.03 of the Revised Code to an employee for any time that the employee spends performing any of the following activities: (a) walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform; (b) Activities that are preliminary to or postliminary to the principal activity or activities. Sec. 4111.031(A)(1)(a) and (b) mirror the Portal-to-Portal Act. However, the Ohio Legislature went one step further by adding Sec. 4111.031(A)(1)(c), which states that employers do not have to pay overtime for activities requiring insubstantial or insignificant periods of time beyond the employee’s scheduled working hours. 4111.031(A)(1)(c) is not in the Portal-to-Portal Act because subsection (c) alters the definition of compensable work for an activity not when the activity was performed. Thus, if the activity meets the definition of work, meaning that the activity is necessary and indispensable to an employee’s principal activity, it is not eligible for overtime pay if it lasts for undefined time limits described as “insubstantial or insignificant periods of time.” Who gets to determine how much of an hourly worker’s time at home is “insubstantial or insignificant” such that her work should not be part of the overtime calculation? The new Ohio overtime law muddles what employers are to do with such time spent by their employees. The Portal-to-Portal Act renders any activity within the meaning of Sec. 254(a)(1) and (2) not compensable.  This means that the employer does not have to pay any wages for this time. The new Sec. 4111.031(A)(1) states that the employer is “not required to pay the overtime wage rate” for any activity within the meaning of Sec. 4111.031(A)(1)(a)-(c).  This sentence can be read two ways; (1) that the Ohio Legislature granted Ohio’s hourly workers at least Ohio minimum wages for all activity that would otherwise be non-compensable under the federal Portal-to-Portal Act; or (2) that to the extent that activity within the meaning of Sec. 4111.031(A)(1)(a)-(c) is compensable under the FLSA, Ohio hourly workers only get at least the Ohio minimum wage. The former is a granting of wage protections in addition to the FLSA which is permitted under Article 10 of the U.S. Constitution.  The latter would restrict wage protections granted by the FLSA and violates the federal supremacy laws, rendering it unconstitutional. Why Does This Matter? Why does it matter? Because the real question when the courts decide if the activity a worker performs is compensable is, was the activity “necessary or indispensable” to their principal activity?  If the activity fits that definition, then where it occurs and whether the employer thinks an employee spent an acceptable amount of their own time doing it, does not matter.  The Portal-to-Portal Act was enacted to prevent employers from having to pay for regular commute time or tasks after work that has no bearing on the employees’ job duties.  SB47 was enacted to help employers not pay for otherwise compensable work activities that employees do on their personal time.  That is wage theft. Sec. 4111.10(C) now requires that employees who are interested in joining a wage lawsuit against their employer must file their Notice of Consent to join the case. This is a significant shift in Ohio employee wage protections. Prior to the effective date of SB47, Ohio permitted workers to bring overtime and minimum wage claims as a class action under Rule 23.  These are called “opt-out” class actions because one worker can file a claim on behalf of all current and former workers and toll their statutes of limitations (the time the wage statutes give workers to make a claim). The prior Ohio overtime protections only provided two years of recovery and no liquidated damages. However, the tradeoff was that once one victim of wage theft filed a claim, they could toll the statute of limitations for all current and former employees.   This means that you did not have to file your own claim or even know that you were a victim of wage theft, and your rights were protected. SB47 removes the “opt-out” class actionability for Ohio overtime claims and requires every employee to file their own case or a Notice of Consent in a filed case to toll their statute of limitations. This type of action is called an “opt-in” collective action. This means that until a worker who was a victim of wage theft learns of the violations and how to file a claim, their time to make such a claim continues to erode. Proponents of SB47 claim that Sec. 4111.10(C) “mirrors” the federal “opt-in” process found at 29 U.S.C. § 216(b). This is incorrect. While Sec. 216(b) requires a wage theft victim to “opt-in” to an existing case or file their own case to toll the statute of limitations; it grants wage theft victims the ability to recover three years of damages and liquidated damages if the wage theft was willful.  Sec. 4111.10(C) did not grant Ohio wage theft victims the ability to recover three years of damages and liquidated damages if the wage theft was willful. The Ohio Legislature left those worker-friendly protections out of Sec. 4111.10(C). In doing so, Ohio now grants Ohio hourly workers less protection for the theft of overtime wages than does the FLSA.   This renders Sec. 4111.10(C) unconstitutional. Why does it matter?  This matters because many workers do not opt in. There are a variety of reasons for this. Some workers fear retaliation, even though it is illegal. Some think the collective action notice is part of a scam. Many notices never make it to workers in the first place because they moved. The original version of the law took care of all of these concerns at once. SB47 is a sloppy, ill-considered piece of legislation that was designed to strip hourly Ohio employees’ wage protection from theft of their overtime wages. While SB47—or Sec. 4111.031 and Sec. 4111.10(C) after enactment—will not survive a court challenge, many Ohio workers and businesses will be harmed in the process. The bill’s passage was unnecessary. Many people who opposed SB47, me included, offered considerable alternatives that would mirror the federal protections. This would have ensured Ohio’s hourly workers were protected from wage theft and leveled the playing field for those employers who follow the law. If you feel you have been a victim of wage theft or improper pay practices, please contact our office for a free consultation with an Ohio Wage and Hour lawyer today.  If you are an employer who needs help navigating the tempest caused by Sen. Bill Seitz and Sen. Andrew Brenner; call me and I will help you find a lawyer. The Paycheck Warriors is a bi-weekly column written by The Paycheck Warrior himself, Managing Partner Bob DeRose. Every other week, just like your paycheck, Bob will take the time to address commonly asked questions about wage and hour law. He will also take on wage and hour topics popping up in the news. Have a question? Leave a comment and see what The Paycheck Warrior has to say!