Gelber v. Akal Security, Inc., No. 18-14496 (11th Cir. 2021)
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Akal, a government contractor, repatriates persons ordered removed from the U.S., transporting detainees on airplanes. Akal staffs it flights with air security officers (ASOs). Once the detainees have been transported to their respective destinations, the ASOs are required to return to the U.S. aboard the same aircraft. Because return flights carry no detainees, the ASOs have few affirmative duties during them. On arrival, the ASOs unload and clean the plane and perform other minor administrative duties to prepare for the following day. Akal acknowledges that under the Fair Labor Standards Act, 29 U.S.C. 207it has to pay its ASOs for overtime spent on the Returns. For Returns lasting longer than 90 minutes, Akal automatically deducts one hour from each shift as a “meal period” and instructs ASOs to disengage from work duties during meal periods.
ASOs sued Akal under the FLSA for unpaid wages. The district court granted the ASOs summary judgment, holding that Akal’s automatic “meal period” deductions violated the Act but that Akal had acted in good faith and had not willfully violated the FLSA. The Eleventh Circuit affirmed. Akal was not entitled to make the challenged meal-period deductions from otherwise compensable work. The district court correctly found that Akal acted in good faith and not willfully.
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