SENATE BILL REPORT

                   SB 6220

              As Passed Senate, February 9, 1998

Title:  An act relating to the ability of employees in the airline industry to trade shifts voluntarily without creating overtime liability.

Brief Description:  Allowing airline employees to trade shifts without overtime pay.

Sponsors:  Senators Horn, Heavey, Schow, Fraser, Anderson, Franklin, Newhouse, Winsley and Patterson.

Brief History:

Committee Activity:  Commerce & Labor:  1/15/98 [DP].

Passed Senate, 2/9/98, 49-0.

SENATE COMMITTEE ON COMMERCE & LABOR

Majority Report:  Do pass.

  Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.

Staff:   Jack Brummel (786-7428)

Background:  Employees in the airline industry have a long-standing practice of trading shifts voluntarily which may, in some instances, mean that they are working more than 40 hours per week.  While federal law exempts airline employees from the provisions of federal overtime regulations, they are not exempt under state wage and hour provisions.  Thus, the voluntary trading of shifts among airline employees in Washington may obligate airlines to pay time and a half to those employees arranging with fellow employees to work an extra shift during the week, even though the airline is not requiring the extra hours of work.

Summary of Bill:  The state wage and hour law requiring one and one-half times the regular rate of pay for employees working longer than 40 hours in a week does not apply to airline company employees.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The airlines are open 365 days a year, 24 hours a day and employees have odd shifts out of necessity.  This can cause hardships if there is no flexibility in work schedules.  Trading allows flexibility and allows individuals to have more control over their lives.

Testimony Against:  None.

Testified:  Jim Brendel, Patty Kirk, Tom McManns, Stan Olson, Meg Furnett, United Airlines employees; Jack Faye, Steven Stanczyk, Alaska Airlines employees; Allen Wayne, United Airlines; Tom O=Grady, Alaska Airlines, Clif Finch, AWB.