Service Members & Veterans

Peter Romer-Friedman has litigated some of the most significant class action and individual cases brought under USERRA, and drafted several of the major amendments to USERRA when he was labor counsel to the Senate Labor Committee Chairman. 

Peter has won some of the most important legal precedents under USERRA, including two appellate decisions and five district court decisions holding that employers have an obligation to provide paid short-term military leave when 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). In addition, Peter briefed and argued the only published appellate decision interpreting the provision of USERRA that requires employers to provide pension or retirement benefits to guard and reserve members during their military leave. See Savage v. Federal Express, 856 F.3d 440 (6th Cir. 2017).

Some of Peter’s successful outcomes for servicemembers and veterans include: 

• Tsui v. Walmart, Inc., No. 20 Civ. 12309 (D. Mass.) – Obtained a first-of-its kind settlement in which Walmart agreed to pay $14 million to settle claims that it denied paid leave to at least 7,500 reservists who took short-term military leave between 2004 and 2020 and to adopt groundbreaking military leave policy that gives each employee 30 days of fully paid military leave a year

• Huntsman v. Southwest Airlines Co., No. 17 Civ. 3872 (N.D. Cal.) – Obtained USERRA settlement estimated to be worth up to $19 million for up to 2,000 Southwest Airlines pilots who were denied pension and sick leave benefits between 2001 and 2018.

• Hall v. L-3 Communications, No. 15 Civ. 231 (E.D. Wash.) – Obtained the first class settlement of a USERRA hiring bias pattern-or-practice case, with each class member getting over $28,000 from a $2 million settlement fund and the defense contractor making pro-reservist reforms to its hiring and leave policies.

• Tuten v. United Airlines, Inc., No. 12 Civ. 01561 (D. Colo.) – Obtained a $6.15 million settlement for 1,200 United pilots in a USERRA action that challenged the failure to make the proper pension contributions during periods of military leave from 2001 to 2012, with all Class Members receiving at least 100% of their potential lost benefits.

• Martin v. Washington, No. 14-2-00016-7 (Wash. Super. Ct.) – Obtained a settlement worth about $15 million in wages and pension benefits for 878 Washington State Patrol Troopers denied veterans’ preferences in hiring and promotions over several decades.

• Allman v. American Airlines, Inc. Pilot Retirement Program Variable Income Plan, No. 14 Civ. 10138 (D. Mass.) – Obtained about $6.5 million settlement for over 1,200 American Airlines pilots in a USERRA / ERISA action challenging the failure to make the proper pension contributions during periods of military leave from 1997 to 2011, with all Class Members received at least 100% of their potential lost benefits.

• Cunningham v. Federal Express Corp., No. 17 Civ. 845 (M.D. Tenn.) – Obtained a class settlement for over 4,000 reservists who claimed they were denied proper pension credit for periods of military leave from 1996 to 2008, providing benefits to the Class worth at least several million dollars and all Class Members receiving at least 100% of their potential lost pension benefits.

• Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023) – Won the reversal of summary judgment in a class action in which the plaintiffs claimed that Alaska and Horizon Airlines had an obligation to provide paid leave to reservists during periods of short-term military leave, with the Court holding that a jury must decide whether short-term military leave is comparable to jury duty leave, bereavement leave, sick leave, and vacation.

• Travers v. Federal Express Corp., 8 F.4th 198 (3rd Cir. 2021) – Won the reversal of a dismissal of a class action in which the plaintiffs claimed that Federal Express has an obligation to provide paid leave to reservists during periods of short-term military leave, with the Third Circuit holding that paid leave is right or benefit that must be provided equally to employees on military leave and comparable non-military leaves.

• White v. United Airlines, Inc., 987. F.3d 616 (7th Cir. 2021) - Won the reversal of a dismissal of a class action in which the plaintiffs claimed that United Airlines has an obligation to provide paid leave to reservists during periods of short-term military leave, with the Seventh Circuit holding that paid leave is right or benefit that must be provided equally to employees on military leave and comparable non-military leaves.

• Hill v. U.S. Postal Service, No. 4H310009104 (EEOC Federal Sector) – Obtained an $11 million settlement in a nationwide class action challenging the Postal Service’s pre-offer medical inquiries that violated the Rehabilitation Act.

• Podliska v. House Benghazi Committee and Rep. Trey Gowdy, No. 15 Civ. 2037 (D.D.C.) – Obtained a settlement for a former investigator of the House Benghazi Committee who alleged that he was terminated in violation of USERRA due to his military service, which the Washington Post reported as one of the largest discrimination settlements with a House of Representative office.

• Savage v. Federal Express, 856 F.3d 440 (6th Cir. 2017) – Briefed and argued a successful appeal in one of the first appellate decisions on the formula that employers must apply to determine the pension or retirement benefits of reservists who take military leave, and later obtained a settlement of the case.

• Quick v. Frontier Airlines, No. 15 Civ. 765 (D. Colo.) – Obtained confidential settlement of litigation in which an Army reservist and commercial pilot claimed he was denied reemployment and other rights and benefits under USERRA.