The Hidden Issue for Aviation Mechanics: Per Diems vs Overtime

Aviation mechanics play a critical role in ensuring the safety and efficiency of air travel. This demanding work requires precision, skill, and long hours, often away from home for extended periods. Unfortunately, many aviation mechanics face significant compensation issues, particularly with the use of high “per diems” or “expense reimbursements” that reduce the amount of overtime pay they receive. Understanding your rights regarding per diems and overtime pay is crucial to ensuring you’re fairly compensated.

Understanding Per Diems

A per diem is a daily allowance to cover expenses like meals and lodging while working away from home. Although per diems are common, the law does not permit them to replace proper overtime pay or standard wages. Unfortunately, some employers misuse per diems to avoid paying aviation mechanics the overtime wages they are legally entitled to.

The Problem with Per Diems as Overtime Substitutes

Unfair Compensation

Per diems are intended to cover living expenses while away from home, not to replace hourly wages or overtime pay. If an employer pays you a “per diem” based on the hours you work, it must be included in calculating your overtime pay. Similarly, if an employer pays you a “per diem” for working a minimum number of hours, this amount should also be included in your overtime calculations.

Tax Implications

Per diems can be tax-free if used correctly to reimburse expenses. However, when they replace wages, they can lead to tax issues and increase your tax burden.

Overtime Rights

Aviation mechanics are legally entitled to time and a half overtime pay for hours worked beyond the standard 40-hour workweek. For example, if you earn $50 an hour for the first 40 hours, you are entitled to $75 an hour for the hours worked over 40 that week. Employers use per diems to avoid paying you overtime pay. This practice circumvents your right to overtime and unlawfully reduces your pay.

Why Accurate Overtime Pay Matters

Fair Pay for Hard Work

Aviation mechanics often work long hours, including nights and weekends. Consequently, overtime pay ensures fair compensation for these extra hours.

Legal Compliance

Employers must pay you overtime wages by law. Using per diems to avoid this responsibility is illegal and reduces your overall pay.

Financial Stability

Proper overtime pay provides the income you are legally owed. This income supports you and your family and reflects the true value of your labor.

Steps Airplane Mechanics Can Take

Keep Detailed Records

Track all hours worked, including overtime hours. Keep records of any “per diems” or “expense reimbursements” received. This practice is crucial if you need to dispute your pay.

Understand Your Pay

Know the difference between true per diems, reimbursements, and wages. This understanding ensures your pay is calculated correctly and you receive the overtime you deserve.

Reach Out for Help

If you believe you are owed overtime pay, contact experienced and knowledgeable counsel like Josephson Dunlap. They can assist you in understanding your rights and help you get the compensation you deserve.

Conclusion

Aviation mechanics deserve fair and lawful compensation, just like all other American workers. Per diems and expense reimbursements should not reduce your overtime pay. By understanding your rights, keeping detailed records, and seeking help, when necessary, you can ensure that you receive the fair compensation you deserve. If you believe you are not being paid correctly, or simply want to confirm that your compensation is accurate, contact us at Josephson Dunlap. We are here to help you understand your rights and secure the overtime pay you are entitled to.