Transportation & logistics
Airlines & aviation: reserve and standby duty
The short answer
Ground staff, ramp crews, and maintenance technicians on airport standby are performing compensable waiting time when they must remain at the field ready to work under 29 C.F.R. § 785.15, and home reserve depends on the severity of the restrictions under 29 C.F.R. § 785.17. Coverage varies by role: air carrier employees subject to the Railway Labor Act are excluded from FLSA overtime under 29 U.S.C. § 213(b)(3).
Airport standby versus home reserve
Time spent at the airport waiting for an aircraft or a call is hours worked under 29 C.F.R. § 785.15, while home reserve is judged by the geographic and response restrictions under 29 C.F.R. § 785.17 and Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992).
Coverage and exemptions
Employees of air carriers subject to the Railway Labor Act are exempt from FLSA overtime under 29 U.S.C. § 213(b)(3), but contractors, ground handlers, and fixed-base operators frequently are not — and California wage law may still apply to hours worked under Cal. Lab. Code § 510 and the applicable wage order.
Minimum wage on standby hours
Even where overtime is exempt, all hours worked must be paid at least the applicable minimum wage under 29 U.S.C. § 206(a), and California's minimum wage is set by Cal. Lab. Code § 1182.12.
Facts that usually decide these cases
- Airport-based standby with no release
- Home reserve call-in windows
- Whether the employer is an RLA carrier or a contractor
- Unpaid standby hours below minimum wage
Weighed together under the framework of Owens v. Local No. 169, 971 F.2d 347 (9th Cir. 1992): Geographic restriction — how far you may travel while on call; Response time — how many minutes you have to answer or arrive; Call frequency — how often the phone actually rings; Personal interference — what the rotation stops you from doing; Trade or refusal rights — whether you can hand the shift off.
Frequently asked questions
- Is airport standby time paid?
- Yes, waiting at the employer's premises ready to work is hours worked under 29 C.F.R. § 785.15, and it must be paid at least minimum wage under 29 U.S.C. § 206(a).
- Does the FLSA cover airline employees?
- Overtime is exempt for air carrier employees subject to the Railway Labor Act under 29 U.S.C. § 213(b)(3), but many contractors and ground handlers are covered, and California hours-worked rules may still apply under Cal. Lab. Code § 510.
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