John Stewart
Tue, 02/07/2023
On February 1, 2023, the Ninth Circuit overturned summary judgment entered by a trial court in the Eastern District of Washington against a class of Alaska Airlines, Inc., and Horizon Air Industries, Inc., employees. In their lawsuit, the employees claimed that the airlines’ leave policies violated the Uniformed Service Employment and Reemployment Rights Act (“USERRA”), a federal law that provides a range of employment protections for service members.
More specifically, the employees alleged that the airlines’ leave policy provided paid leave for certain non-military leave types, such as jury duty, bereavement, and sick leave, but not for military leave, even short-term military leave. USERRA requires, among other things, for military leave to be treated as favorably as any “comparable form of leave” that a covered employer offers. At the trial court level, the court granted summary judgment to the airlines, concluding that the paid leave types were not “comparable” to the military leave at issue, considering the differences in leave duration, the purpose of the leave, and control over the employees while on leave.
The Ninth Circuit, however, reversed the trial court’s grant of summary judgment, finding two principal errors in the trial court’s analysis. First, the Ninth Circuit found that the trial court erred by comparing the treatment of the paid leave types to all military leave types, not just short-term military leave. Second, the trial court improperly ignored factual disputes in the record over the duration, purpose, and control of the purportedly comparable leave types, which should have been left to the jury. As a result, the Ninth Circuit reversed the summary judgment ruling, breathing new life into the airline employees’ claims.
If you have questions about your employment rights, including but not limited to your rights to certain types of paid leave, or believe you have been denied any protected employment benefits, please reach out to MSE at info@mselaborlaw.com.
