What is the Case About?
This case alleges that the Company violated the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") by denying certain benefits to pilots who took military leaves of absence. Specifically, Plaintiff and the Classes allege that certain Company policies from April 1, 2005 to the present concerning sick and vacation time accrual for pilots on long-term military leaves violate USERRA. Plaintiff and the Classes also allege that the Company calculated a 2016 pension payment for certain pilots who took military leave from December 1, 2012 through January 31, 2016 in a manner that violated USERRA. The Company denies that it has violated USERRA in any manner and denies that it has any liability in this case.
Who is Included?
You are a part of this class action if you fall into any of the following groups:
Sick Time: All past and present pilots employed by the Company from April 1, 2005, to the present, who: (i) did not accrue sick time while on periods of military leave from April 1, 2005, to the present; and (ii) were not at the maximum sick leave accrual level of 1,300 hours at the time of their military leave(s) of absence or at any time thereafter.
Vacation Time: All past and present pilots employed by the Company from April 1, 2005, to the present, who did not accrue vacation time while on periods of military leave from April 1, 2005 to the present.
Pension: Those pilots employed by the Company who: (i) received a capped pay longevity credit for furloughees under Paragraph 4 ff the UPA LOA 25; (ii) took military leave at any point during the period from December 1, 2012 to January 31, 2016; and (iii) received a pension contribution under Paragraph C of LOA 38 on or about April 1, 2016 based on actual pay received from December 1, 2012 through January 31, 2016.
For purposes of these class definitions, the reference tot he Company includes either United Airlines, Inc., United Air Lines, Inc., or Continental Airlines, Inc.