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News and Announcements

News and Announcements

American Airlines Can't Defeat Military Benefits Suit

Jun 20, 2019 / News Item
A Pennsylvania federal judge has refused to ground the bulk of a proposed class action accusing American Airlines of violating federal anti-discrimination law by failing to give pilots credit for short stints of military leave when calculating profit-sharing awards. U.S. District Judge Harvey Bartle III on Tuesday declined to dismiss two counts of pilot James Scanlan’s three-count suit claiming the company violated the Uniformed Services Employment and Reemployment Rights Act. For one, the judge let stand a USERRA claim that participants in a company profit-sharing plan who took short-term...
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Alaska Airlines Can't Dodge Military Leave Pay Suit

Jun 18, 2019 / News Item
A Washington federal judge on Monday refused to dismiss a proposed class action accusing Alaska Airlines Inc. and its sister company Horizon Air Industries Inc. of shortchanging hundreds of pilots who took short-term military leave on pay and benefits. U.S. District Judge Thomas O. Rice denied the airlines' motion to dismiss Alaska Airlines pilot Casey Clarkson's Uniformed Services Employment and Reemployment Rights Act claims, finding the court can't make a decision on various issues based on the current pleadings. The court said there wasn't enough evidence in the complaint for it to make a...
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United Keeps Fighting Workers' Paid Military Leave Suit

Apr 22, 2019 / News Item
Private sector employers are not obligated to provide paid military leave, United Airlines and its parent company United Continental Holdings argued in their second move to toss proposed class claims over its military leave policy. The Uniformed Services Employment and Reemployment Act mandates that public employers pay for workers' short-term military leave, but the law is deliberately quiet on the issue of private employers, the airline argued. United is looking again to toss a pilot's amended complaint claiming he was unfairly refused compensation for his short-term military leaves. The...
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United Rebuffs Workers' Bid For Paid Military Leave

Mar 12, 2019 / News Item /
United Airlines Inc. and United Continental Holdings Inc. told an Illinois federal judge Monday they have no obligation under a federal anti-discrimination law to provide employees with paid military leave. In a bid to dismiss a case from workers seeking compensation for their time on military leave, the airline said the Uniformed Services Employment and Reemployment Act clearly states that private sector employers aren’t required to pay wages to service members for that time. Under the law, only federal employers must pay workers for military leave, and the proposed class of United employees...
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Defense Contractor Accused of Slighting Reservists in Hiring

Oct 31, 2018 / Media Coverage /
In October of 2014, Nathan Kay applied for a job as a pilot at L3 Technologies, a Pentagon contractor that helps conduct surveillance and reconnaissance missions around the world. Mr. Kay had spent more than 10 years in the Washington Air National Guard, and had flown similar missions in Iraq and Afghanistan. A friend at L3, then known as L-3 Communications, indicated that a chief pilot was interested in his résumé. But when months went by without even a rejection — and after consulting with his friend — Mr. Kay concluded that L3 was discriminating against him because he was an active guard...
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Military Reservist and Defense Contractor L3 Technologies Seek Court Approval of USERRA Class Action Settlement

Oct 31, 2018 / Press Release /
Proposed Class Action Settlement Provides Compensation to Reservists for Claims They Were Denied Pilot Positions by L3 and Revises Corporate Practices to Benefit Reservist Applicants and Employees Contact: Peter Romer-Friedman , (718) 938-6132 or (202) 847-4402, . October 30, 2018--Today, Nathan Kay, a former military reservist, sought preliminary approval of a settlement in a class action lawsuit in which Mr. Kay alleged that L3’s intelligence, reconnaissance, and surveillance (ISR) operations in L3 Technologies and Vertex Aerospace LLC (formerly a part of L3...
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Southwest Inks $19M Deal To End Pilots' Military Leave Suit

Sep 17, 2018 / Media Coverage /
Southwest Airlines Co. has agreed to make nearly $6 million in retirement payments and provide sick leave potentially worth north of $13 million to end a California federal suit alleging it denied benefits for brief spurts of military service to a proposed class of as many as 2,000 pilots. The deal, described in a motion for settlement approval and conditional class certification filed Thursday, will end allegations Southwest violated the Uniformed Services Employment and Reemployment Rights Act by not letting pilots accrue sick leave while on short-term military leave, or STML, and by not...
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Gowdy, Benghazi panel settled wrongful firing suit with $150,000 in public funds

Dec 1, 2017 / Media Coverage /
As chairman of the House Select Committee on Benghazi, Rep. Trey Gowdy (R-S.C.) used $150,000 in taxpayer dollars to settle with a former aide who alleged he was fired in part because he was not willing to focus his investigative work on Hillary Clinton. The Post confirmed the confidential settlement reached between Gowdy and the Benghazi panel and Bradley Podliska after it appeared in a list of settlements released Friday by the congressional Office of Compliance. Gowdy is now the chairman of the House Oversight Committee. In a list provided to the House Committee on Administration, the OOC...
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Job protections under fire for military reservists

Oct 12, 2017 / Media Coverage
Kevin Ziober’s last day at the office started with a sheet cake. A red and blue American flag was iced on the top with tiny, sugary stars, and the inscription read, "Best Wishes Kevin." He remembers co-workers stood up to give him a round of applause, and his office was decorated with camouflage netting. "I was humbled by the outpouring of support," Ziober said of the early 2013 surprise party. As a Navy Reserve Lieutenant, he was headed to Afghanistan for a year-long deployment. Ziober would have to be gone from his civilian job at BLB Resources, a federal contractor in Irvine that manages...
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FedEx employee terminated for using discount to sell on eBay loses USERRA termination challenge but can seek higher pension benefits

May 26, 2017 / Media Coverage /
Kenneth Savage was terminated by FedEx about a month after a military leave and after complaining about the calculation of his pension benefits due to his military service. That proximity was not enough to establish a discrimination or retaliation claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Savage’s case was remanded because FedEx may have miscalculated his pension benefits by failing to account for potential overtime hours he might have worked during periods of military service. Background Kenneth Savage was employed by FedEx for eleven years as an...
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