Is Delta Air Lines Facing Unpaid Wage Crisis Over LAX Security Check Time?

A proposed class action lawsuit has been filed against Delta Air Lines in Los Angeles. The legal action centers on unpaid employee compensation for time spent in airport security screening. The plaintiff is a Delta Sky Club employee at Los Angeles International Airport (LAX). They argue that time spent clearing security should count as compensable work time.

Background of the Lawsuit

The lawsuit names Delta Air Lines and Compass Group USA. Compass Group USA is the food service operator for the Sky Club lounge. Delta is included as a joint employer in the legal claim. The core allegation is that employees are not paid for mandatory pre-work activities. This time includes waiting for and undergoing TSA security screening time. Employees must complete this process to access their secure workplace. The time spent waiting can sometimes be significant before a shift begins.

The Legal Argument: Employer Control

The case relies heavily on California wage orders and state law. Under California law, "hours worked" includes time an employee is under the employer's control. The plaintiff's Delta Air Lines lawsuit argues the security check is a condition of employment. Therefore, the employee is under the employer's control during the screening process.

This argument references the California Supreme Court case Frlekin v. Apple. That ruling found employer-required exit searches were compensable. The Sky Club worker claims mandatory airport security is similar in nature.

Precedent and Industry Challenges

Legal experts note that this airline labor dispute faces significant legal hurdles. Federal and prior state court rulings have often ruled against similar claims. The U.S. Supreme Court ruled on a similar matter in Integrity Staffing Solutions, Inc. v. Busk. That decision found security screening time non-compensable under the Fair Labor Standards Act (FLSA). The Supreme Court reasoned that the screenings were not an "integral and indispensable" part of the principal job duties.

Furthermore, the Ninth Circuit Court of Appeals addressed a similar LAX case. In Cazares v. Host International, the court rejected a claim from an airport lounge worker. That ruling emphasized the lack of employer control test over the security process.

Security screening is mandated by the federal government, not the airline. The Transportation Security Administration (TSA) operates the checkpoints. Neither Delta nor the concession operator controls staffing or wait times. California law requires the employer to control the activity for it to be paid.

Industry Impact and Future Outlook

This commercial aviation news highlights a recurring issue for airport workers. Long security lines can significantly cut into an employee's personal time. If successful, the unpaid employee compensation claim could reshape airport labor practices. It would force airlines and vendors to adjust scheduling and payroll systems.

• Risk: A ruling for the plaintiff could trigger a wave of new lawsuits.
• Challenge: Airlines would face higher labor costs for non-productive time.
• Opportunity: It could lead to industry-wide efforts to streamline employee security access.

Delta Air Lines has faced prior wage and hour law issues in California. In 2024, the carrier settled a nearly $16 million wage lawsuit with flight attendants. That case involved unpaid time for pre- and post-flight duties. The current Los Angeles airport security suit, however, presents a different legal challenge. It focuses on a government-mandated security process outside the immediate work area. The outcome will be closely watched by all aviation stakeholders. It will define the scope of LAX employee rights and compensable time.

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