Oakland, California – Erlich Law Firm, P.C. who is representing the class along with Andrus Anderson LLP, has announced that the United States District Court for the Northern District of California has granted class certification in a lawsuit against Southwest Airlines, brought by flight attendants who allege the airline penalized them for exercising their rights under the Family and Medical Leave Act (FMLA). The court’s decision allows the plaintiffs to proceed collectively on claims of FMLA interference, wrongful termination, and unfair competition.

The lawsuit, filed by Roreste Refuerzo and other Southwest Airlines flight attendants, claims that the airline’s attendance policy, instituted in 2019, disqualified employees who took FMLA leave from participating in mechanisms that reduce disciplinary points. Under Southwest’s policy, flight attendants who accumulate 12 disciplinary points face termination. The plaintiffs argue in the lawsuit that this policy effectively penalizes those who take FMLA leave, making it a negative factor in their employment status and disciplinary records.

The court certified three specific classes for this lawsuit:

Nationwide Injunctive Relief Class (b)(2): This class includes all Southwest flight attendants in the United States who have taken FMLA leave since March 1, 2019, and consequently lost access to disciplinary points reduction.

California Subclass (b)(2): This subclass includes all Southwest flight attendants based in California who have taken FMLA leave since March 1, 2019, and faced the same penalty.

Nationwide Damages Class (b)(3): This class is composed of flight attendants across the United States who took FMLA leave, were denied disciplinary points reduction, and were subsequently terminated for accumulating 12 or more disciplinary points.

The court found that common questions of law and fact predominate in the case, particularly whether Southwest’s policy constitutes interference with FMLA rights as claimed by the plaintiffs. The court also ruled that a class action is a superior method for resolving these claims, noting that the cost of individual litigation would likely outweigh potential recoveries for many plaintiffs.

Southwest had argued that individual inquiries would be necessary to determine if FMLA leave was a negative factor in employment decisions and that points adjustments would require manual assessment. However, the court held that common evidence, including Southwest’s own records, could establish whether flight attendants were terminated due to points disqualification from FMLA leave.

The case will proceed with Erlich Law Firm, P.C. and Andrus Anderson LLP serving as class counsel. A status conference is scheduled for later next month to determine the next steps, including the form of class notice and a proposed schedule through trial.

The allegations made in the lawsuit highlight significant issues in the application of FMLA rights within the airline industry, and the court’s certification of these classes marks a crucial step forward for the plaintiffs seeking redress for their alleged wrongful termination and penalization.

The case continues to draw attention as it underscores the broader implications for employment practices and FMLA protections within large corporations. The outcomes of this litigation could set important precedents for how companies implement and enforce leave policies in compliance with federal laws.

CASE INFORMATION
United States District Court, Northern District of California
RORESTE REFUERZO, et al. vs SOUTHWEST AIRLINES, CO.
Case No. 3:22-cv-00868-JSC