Swissport Illegally Paid Manual Workers Biweekly Instead of Weekly, Lawsuit Alleges

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A proposed class action claims Swissport USA, Inc. has unlawfully paid manual workers on a biweekly basis instead of each week as required under New York law.

According to the 11-page case, manual workers, i.e., those who spend more than 25 percent of their time performing manual tasks, are entitled to be paid within seven calendar days of the week in which their wages were earned, in accordance with the New York Labor Law (NYLL). The lawsuit alleges that because Swissport, an aviation services provider, paid manual employees on a biweekly basis instead of every week, roughly half of their wages were paid late.

Per the case, Swissport workers were deprived of the time value of their wages during weeks in which their pay was delayed. The defendant, on the other hand, was able to save money on administrative costs and use the delayed wages for its own purposes until payroll was processed, according to the complaint.

The plaintiff, a Nassau County, New York resident, says he worked for Swissport as a fueling agent at Long Island MacArthur Airport between July and September 2021. Per the suit, Swissport employs manual workers like the plaintiff at multiple New York airports where they are responsible for operating heavy machinery and ground support equipment; repairing and maintaining equipment; collecting and loading various items, supplies and tools; dispensing fuel; defueling aircraft; cleaning up fuel spills; and unloading and loading cargo and luggage. The case claims that workers spend more than 25 percent of their time on these manual tasks.

According to the lawsuit, Swissport has failed to pay manual workers on a weekly basis as required by the NYLL and instead uniformly applies a biweekly payment policy. The suit says that Swissport’s pay practices have been “widespread, repeated, and consistent” throughout its New York operations.

The case looks to cover current and former employees of the defendant who work or worked as manual workers in New York during the period beginning six years before the lawsuit was filed and until the date of judgment in the case.

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