“Most pilots are exempt from the FLSA overtime requirements under section 13(b)(3) of the Act, which exempts “any employee of a carrier by air subject to the provisions of title II of the Railway Labor Act.” Thus, pilots who are employed by commercial airlines are exempt from overtime under section 13(b)(3).”

Bottom line, the DOL currently considers commercial airline pilots, as exempt employees not entitled to overtime. However, it is the DOL’s position that other pilots, such as corporate jet pilots, are non-exempt under 13(a)(1) and are entitled to overtime pay.