Skycaps sue US Airways over tips lost to curbside fee

[wheelsup]

SOUTHFIELD, Mich. — US Airways Group Inc. and a contractor were sued by three skycaps who seek to recover tips lost since the airline started charging customers a fee for curbside baggage check-in.

US Airways, based in Tempe, Ariz., imposed the $2 fee last year, according to the complaint filed April 11 in federal court in Boston.

The skycaps, who seek class-action status to sue as a group, claim their compensation fell below the U.S. minimum wage because customers thought the fee was a tip.

"This is a case of corporate greed," Mikel D. Jones, a Philadelphia attorney representing the workers, said today in a phone interview.

[...source...]

Greed? All while losing millions of $$?!? Although I agree with the skycaps, I'm sure this had a huge effect on their tips. I'd be pissed to.

Also interesting:

AMR Corp.'s American Airlines lost a similar case in the same court on April 7, when a federal jury awarded nine Massachusetts skycaps $350,000 the airline had collected after instituting a $2 curbside bag fee in 2005.

[phoenix 23684]

And this is why our country keeps going down the chute. Everyone wants to sue someone for some stupid reason. Imagine if none of these stupid lawsuits would have taken place.

[kellwolf]

I don't know. Part of me is surprised a lawyer took this case, but the rest of me isn't. I highly doubt the company the skycaps work for guarantees them anything more than a base pay. Are they gonna sue the passengers for not tipping next? Fact of the matter is, it's just as likely that their tips are down b/c the people travelling spent that extra $1-2 in gas driving to the airport.

On another note, if a company cut back your hours, can you sue them for lost wages? Doesn't sound very dissimilar than this situation.

[wheelsup]

They're suing because they are paid less than minimum wage and tips are supposed to increase their base pay to above minimum wage. They are saying that with the drastic reduction in tips they are no longer getting paid minimum wage. Sounds like they have a case to me.

[kellwolf]

Originally Posted by wheelsup

They're suing because they are paid less than minimum wage and tips are supposed to increase their base pay to above minimum wage. They are saying that with the drastic reduction in tips they are no longer getting paid minimum wage. Sounds like they have a case to me.

If their base pay isn't adjusted to minimum wage, they do have a case. If they're still making more than minimum wage, then no. If they still make $5.85 an hour when including tips (or $6.55 an hour after 7/24/08, according to the DOL), they're fighting a lost case. And I'm sure they report ALL of their tips.

[Minnesota_Flyer]

Originally Posted by wheelsup

They're suing because they are paid less than minimum wage and tips are supposed to increase their base pay to above minimum wage. They are saying that with the drastic reduction in tips they are no longer getting paid minimum wage. Sounds like they have a case to me.

If true, that would be a very valid case. A lawyer would take it because, although individual damages may be relatively low, the damages of the class as a whole could be significant, the wage and hour laws provide for payment of a prevailing plaintiff's attorneys' fees, and it would be a relatively simple case to litigate.

[kellwolf]

Originally Posted by Minnesota_Flyer

If true, that would be a very valid case. A lawyer would take it because, although individual damages may be relatively low, the damages of the class as a whole could be significant, the wage and hour laws provide for payment of a prevailing plaintiff's attorneys' fees, and it would be a relatively simple case to litigate.

My head almost exploded reading that. I defer to you. You're the one with the knowledge in this field.

[wheelsup]

I think he's saying it's pretty cut and dry . Although I agree with your point, my guess is they report maybe 10% of their tips AT BEST.

[Kristie]

Originally Posted by wheelsup

They're suing because they are paid less than minimum wage and tips are supposed to increase their base pay to above minimum wage. They are saying that with the drastic reduction in tips they are no longer getting paid minimum wage. Sounds like they have a case to me.

I can totally understand why they're suing.

[srleslie]

Originally Posted by kellwolf

On another note, if a company cut back your hours, can you sue them for lost wages? Doesn't sound very dissimilar than this situation.

No, you cannot sue them, however, in my state, if your hours are cut significantly, you can file for enemployment to match the difference, and the company has to pay that. I would think most states have something similar to that.

Edit: To qualify my answer, if your hours are reduced as a means of discrimination that is against state or federal law, then by all means, you can sue.

[ladder360]

Originally Posted by kellwolf

I don't know. Part of me is surprised a lawyer took this case, but the rest of me isn't. I highly doubt the company the skycaps work for guarantees them anything more than a base pay. Are they gonna sue the passengers for not tipping next? Fact of the matter is, it's just as likely that their tips are down b/c the people travelling spent that extra $1-2 in gas driving to the airport.

On another note, if a company cut back your hours, can you sue them for lost wages? Doesn't sound very dissimilar than this situation.

I agree. In the grand scheme of things, it could be any number of variables. However, If I didn't know that the $2 charge was an airline fee, I wouldn't know any better to include an additional tip.

Originally Posted by wheelsup

They're suing because they are paid less than minimum wage and tips are supposed to increase their base pay to above minimum wage. They are saying that with the drastic reduction in tips they are no longer getting paid minimum wage. Sounds like they have a case to me.

This is where I have a big problem. I've always felt that the states who have enabled those employing in service industries to pay less than minimum wage in lieu of tips, are really screwing the little guy. Not sure who came up with the idea, but if there is a lawsuit to be filed, I would think it should be against the state, and not the airline.

[ladder360]

BTW, Wheelsup - I wasn't implying I have a big problem with what you said - I agree with you. I just don't think it's the business that should be held accountable for flaws in legislation.

[mpenguin1]

Originally Posted by kellwolf

I don't know. Part of me is surprised a lawyer took this case, but the rest of me isn't. I highly doubt the company the skycaps work for guarantees them anything more than a base pay. Are they gonna sue the passengers for not tipping next? Fact of the matter is, it's just as likely that their tips are down b/c the people travelling spent that extra $1-2 in gas driving to the airport.

On another note, if a company cut back your hours, can you sue them for lost wages? Doesn't sound very dissimilar than this situation.

Goodness, I hate lawsuits, but, this one, well, the Skycaps may have a case as their pay depends on the amount of tips they receive & US Air put an obstacle in their way to receive less tips.

Under U.S. law, workers who are compensated mostly with tips can be paid less than minimum wage by their employer, Jones said.

The suit claims the defendants violated the Fair Labor Standards Act by paying the skycaps between $2 and $3 an hour, even though tips no longer bring their wages up to the federal minimum of $5.85 an hour.

Of course, the Skycaps can make big bucks, and even if they are losing tips, I can not believe they are pulling in less than $5.85 an hour.

[ljg]

How does this have any applicability to anything concerning us?

[kellwolf]

Originally Posted by mpenguin1

Goodness, I hate lawsuits, but, this one, well, the Skycaps may have a case as their pay depends on the amount of tips they receive & US Air put an obstacle in their way to receive less tips.

Careful of the slippery slope here. If these guys win the lawsuit based on US Air charging a fee, thousands and thousands of servers across the country will sue whenever a restaurant starts raising prices on meals.

I think the tipping system is a combination of a broken system with the current American attitude of "I deserve it." Sorry, jack. If you don't say two words to me while checking my bag, it isn't the extra $2 US Airways charges that lost you the tip. Van driver almost kills me, stops 3 times or circles back to the airport twice? He doesn't get a tip. But you can bet he'll be pissed off and call me a cheap airline pilot if I don't give him one. It's the entitlement attitude a lot of Americans have developed over the years.

I say run it like Europe. Pay people a set wage rather than encouraging tips. Tips are supposed to be something to reward someone for doing their job well, not part of their base income.

[mpenguin1]

Originally Posted by kellwolf

Careful of the slippery slope here. If these guys win the lawsuit based on US Air charging a fee, thousands and thousands of servers across the country will sue whenever a restaurant starts raising prices on meals.

I think the tipping system is a combination of a broken system with the current American attitude of "I deserve it." Sorry, jack. If you don't say two words to me while checking my bag, it isn't the extra $2 US Airways charges that lost you the tip. Van driver almost kills me, stops 3 times or circles back to the airport twice? He doesn't get a tip. But you can bet he'll be pissed off and call me a cheap airline pilot if I don't give him one. It's the entitlement attitude a lot of Americans have developed over the years.

I say run it like Europe. Pay people a set wage rather than encouraging tips. Tips are supposed to be something to reward someone for doing their job well, not part of their base income.

I hear ya! This is one of those things where the Skycaps & US Air should have worked things out without having to bog down the courts.

There is nothing wrong with the tipping system, in fact, you can make more money than on straight salary alone.....

[kellwolf]

Originally Posted by mpenguin1

I hear ya! This is one of those things where the Skycaps & US Air should have worked things out without having to bog down the courts.

There is nothing wrong with the tipping system, in fact, you can make more money than on straight salary alone.....

Eh, I still disagree. Yeah, you CAN make more, but what about those people that just do what the job requires, don't go beyond and get ticked off when they don't get 15-20%? I think it just feeds a bad work ethic. If we keep this going, though, we're gonna earn this thread a one-way ticket to Lav-ville.

[TheShortOne]

tip your ski instructors!!

[adreamer]

Ski instructor? What percentage I should tip? 10 or 15 percent?

[ladder360]

Originally Posted by kellwolf

Careful of the slippery slope here. If these guys win the lawsuit based on US Air charging a fee, thousands and thousands of servers across the country will sue whenever a restaurant starts raising prices on meals.

I think the tipping system is a combination of a broken system with the current American attitude of "I deserve it." Sorry, jack. If you don't say two words to me while checking my bag, it isn't the extra $2 US Airways charges that lost you the tip. Van driver almost kills me, stops 3 times or circles back to the airport twice? He doesn't get a tip. But you can bet he'll be pissed off and call me a cheap airline pilot if I don't give him one. It's the entitlement attitude a lot of Americans have developed over the years.

I say run it like Europe. Pay people a set wage rather than encouraging tips. Tips are supposed to be something to reward someone for doing their job well, not part of their base income.

I couldn't agree more! The original term is "gratuity". As in "Hey! Thanks for your extra care!" I get a little agro when I have lousy service and then feel obligated to tip because it's just common practice.

[surreal1221]

Sueing for tips?

What has the world come to.

If I want to tip you, I will. . .if I don't, get the hell over it.

[tonyw]

Originally Posted by ladder360

I've always felt that the states who have enabled those employing in service industries to pay less than minimum wage in lieu of tips, are really screwing the little guy.

I agree. We should stop screwing around with tips and just say, fine, you pay a fixed price and that's it. It works in virtually every other country, so why not adopt it here?

[surreal1221]

I also agree.

I have a friend who is a hair dresser, and it's just absoutely sad at how little she brings home every week. We're talking 70-120 bucks.

Every job should have to meet the minimum wage, no questions.

[ladder360]

"Hair Dresser"??? Is that what you're calling your girls these days Josh?

Seriously though, they really get screwed by it because tipping in that industry still isn't as expected as in the hospitality industry - much less at a 20% rate.

When I run for congress........

[Aviation.miller]

I get the argument but I do not agree with it. In the same breath a bartender who makes $2dollar base pay + tips should have the right to sue if the owner implemented a door charge reducing customer flow, or increased the price of drinks which had an effect on number of drinks purchased. I recall my sister working as a waitress in high school at applebees (bad tips) and would often come out without significant gains. One time someone left without paying and she actually had to still tip out the bartender and pay back the company for the "lost" meal. So I guess she should have filled suit the next day. Seems like this case is a far stretch as it was not malicious or even negligent, to say that the company new the fee would reduce the tips is a stretch. Cab employees should sue then when cab companies raise fairs. There is no end.