Paid Military Leave Class Actions

PRF Law and several law firms are collectively litigating a number of class action lawsuits in which military reservists allege that their employers violated their obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to pay the reservists when they took short-term military leave because the same employers paid employees when they took other comparable non-military leaves, such as jury duty, bereavement leave, sick leave, and/or vacation. Section 4316(b)(1)(B) of USERRA requires employers to provide the same “rights and benefits” to employees when they take military leave and comparable non-military leaves. 

PRF Law and its co-counsel have filed Paid Military Leave class action lawsuits on behalf of reservists against the following employers: Walmart, Federal Express, United Parcel Service, Delta Airlines, American Airlines, Alaska Airlines, Horizon Airlines, United Airlines, and Southwest Airlines. In two of those cases, settlements have already been reached—a settlement with Walmart that was worth up to $14 million and was granted final approval in 2021, and a settlement with Federal Express for which the plaintiffs are currently seeking Court approval. 

In these Paid Military Leave cases, the plaintiffs have won two appellate decisions from unanimous panels and five district court decisions holding that employers have an obligation to pay reservists when they take short-term military leave if those employers provide employees with paid leave during comparable non-military leaves. See White v. United Airlines, Inc., 987. F.3d 616 (7th Cir. 2021); Travers v. Federal Express Corp., 8 F.4th 198 (3rd Cir. 2021); Scanlan v. American Airlines Group, Inc., 384 F. Supp. 3d 520 (E.D. Pa. 2019). And in Clarkson v. Alaska Airlines, Inc. 59 F.4th 424 (9th Cir. 2023), the plaintiffs won the reversal of summary judgment on the issue of whether short-term military leave is comparable to jury duty leave, bereavement leave, sick leave, and vacation, with the panel unanimously holding that a jury must decide whether short-term military leave is comparable to other forms of leave. 

In every one of the Paid Military Leave cases in which the Court has decided whether to certify a class under Rule 23, the Court has granted certification of the requested class or a narrower class of workers. 

The plaintiffs and class members in the Paid Military Leave cases are represented by PRF Law, Outten & Golden LLP, Barton & Downes LLP, the Law Office of Thomas Jarrard, and Riverside Law Group, PLLC.

Case Documents

• Complaint – Tsui v. Walmart, No. 20 Civ. 12309 (D. Mass.)

• Complaint – Beanland v. Federal Express Corp., No. 22 Civ. 00672 (D. Del.)

• Complaint - Haley v. Delta Airlines, Inc., No. 21 Civ. 01076 (N.D. Ga.)

• Complaint – Baker v. United Parcel Service, Inc., No. 21 Civ. 00114 (E.D. Wash.)

• Complaint – White v. United Airlines, Inc. No. 19 Civ. 00114 (N.D. Ill.)

• Complaint – Huntsman v. Southwest Airlines Co., No. 19 Civ. 00083 (N.D. Cal.)

• Complaint – Clarkson v. Alaska Airlines, No. 19 Civ. 00005 (E.D. Wash.)

• Clarkson v. Alaska Airlines, Inc. 59 F.4th 424 (9th Cir. 2023) – Ninth Circuit opinion holding that a jury must determine whether short-term military leave is comparable to other types of leave. 

• White v. United Airlines, Inc., 987. F.3d 616 (7th Cir. 2021) – Seventh Circuit opinion holding that paid leave is a right or benefit protected by USERRA’s equality rule.

• Travers v. Federal Express Corp., 8 F.4th 198 (3rd Cir. 2021) – Third Circuit opinion holding that paid leave is a right or benefit protected by USERRA’s equality rule. 

• Scanlan v. American Airlines Group, Inc., 384 F. Supp. 3d 520 (E.D. Pa. 2019) – Eastern District of Pennsylvania opinion holding that paid leave is a right or benefit protected by USERRA’s equality rule. 

• Baker v. United Parcel Services, 596 F. Supp. 3d 1251 (E.D. Wash. 2022) – Eastern District of Washington opinion holding that paid leave is a right or benefit protected by USERRA’s equality rule. 

Media 

• Jacklyn Wille, FedEx Inks $1.5 Million Class Deal in Paid Military Leave Suit, Bloomberg Law (Mar. 2, 2023). 

• Jacklyn Wille, Alaska Airlines Paid Military Leave Dispute Revived on Appeal, Bloomberg Law (Feb. 1, 2023). 

• Daniel Wiessner, Alaska Airlines may have to pay pilots for short-term military leave, Reuters (Feb. 1, 2023). 

• Patrick Dorrian, Walmart’s $10 Million Military Job Bias Settlement Gets Final Nod, Bloomberg Law (Oct. 18, 2021). 

• Daniela Porat, Meet 2 Of The Attys Leading The Fight For Paid Military Leave, Law360.com (Sept. 1, 2021). 

• Daniel Wiessner, Employers must extend paid leave to military members: 3rd Circ., Reuters (Aug. 10, 2021). 

• Serenah McKay, Walmart to settle military leave suit, Northwest Arkansas Democrat Gazette (Jan. 6, 2021).