CENTRAL ISLIP, NY – A federal magistrate judge has granted conditional certification to a group of Southwest Airlines ramp agents alleging unpaid overtime, allowing the workers to collectively pursue claims under the Fair Labor Standards Act (FLSA).
U.S. Magistrate Judge Steven J. Tiscione issued the ruling in Strain et al. v. Southwest Airlines Co., authorizing notice to be sent to current and former ramp agents who may be eligible to join the lawsuit. The named plaintiffs, Richard Strain and David Garner, work at Long Island MacArthur Airport and Buffalo Niagara International Airport, respectively, and accuse the airline of failing to properly compensate them for all hours worked.
Filed in December 2024, the collective action asserts that Southwest required ramp agents to perform pre- and post-shift duties—such as safety checks and equipment inspections—without pay. The plaintiffs argue that these unpaid tasks resulted in consistent violations of federal wage laws that mandate overtime for hours exceeding 40 per week.
Judge Tiscione determined that the plaintiffs met the modest factual showing required at the first stage of FLSA collective certification. The court’s order allows notice to be distributed nationwide to similarly situated Southwest ramp agents, inviting them to opt in and join the case. The judge emphasized that conditional certification is a preliminary step and does not represent a ruling on the merits.
The decision marks an early victory for the plaintiffs and opens the door for dozens, potentially hundreds, of Southwest employees to participate. If the case proceeds, the parties will engage in discovery to determine whether final certification of the collective class is appropriate.
Key Points: Southwest Airlines ramp agents win conditional certification in federal wage case – Central Islip
- Judge Steven J. Tiscione granted conditional certification for Southwest Airlines ramp agents under the FLSA.
- The lawsuit claims Southwest failed to pay for required pre- and post-shift work.
- Eligible ramp agents nationwide may now receive notice to join the collective action.
