Under USERRA, servicemembers who take leaves of absence are required to receive the same rights and benefits as other employees who take comparable forms of leave and servicemembers have the right to be reemployed to the same position with the same rights and benefits had they not taken military leave, treating military leave as continued employment.

The Complaint alleges that Alaska and Horizon have violated USERRA by failing to provide the regular salaries to employees during their short-term military leave despite paying normal wages to employees who take comparable forms of leave.

The Court has certified the Claims in this lawsuit on behalf of the following Class:

All current and former Alaska or Horizon pilots who have taken short-term military leave from October 10, 2004 through the date of judgment.

Excluded from the Classes are the following persons: (a) all former or current individuals who previously reached settlements with or judgments against Defendants resolving or releasing any claims arising during the Class Period under USERRA related to any of the claims in this lawsuit; and(b) any person who served as a fiduciary of the Plan and their beneficiaries under the Plans and any member of the immediate family of and any heirs, successors or assigns of any such person.

The Complaint was filed on January 7, 2019. Defendant Alaska Airlines Pensions/Benefits Administrative Committee filed its Answer to the Complaint on April 17, 2019. Defendants Alaska Airlines, Inc. and Horizon Air Industries, Inc. filed a Motion to Dismiss on April 17, 2019. The Court denied their Motion on June 17, 2019. Plaintiff filed an Amended Complaint on July 1,2019. Defendants filed their Answer to the Complaint on July 15, 2019.

Plaintiff filed the Motion for Class Certification on May 20, 2020, and the Court certified the Paid Leave Class on August 4, 2020. Class Notice was issued to the Paid Leave Class on November 23, 2020.

The parties’ cross Motions for Summary Judgment were filed on March 22, 2021. The Court granted Defendants’ Motion for Summary Judgment on May 24, 2021.Plaintiff filed a Notice of Appeal on June 21, 2021. On February 1, 2023, the United States Court of Appeals for the Ninth Circuit issued an opinion reversing the District Court decision on summary judgment and remanded the case to the District Court for further proceedings.

A trial is set to begin February 20, 2024.

Additional Class Notice

9th Circuit Appellate Opinion – February 1, 2023

Order Granting Defendants’ Motion for Summary Judgment – May 24, 2021

Order on Motion for Decertification – November 3, 2020

Order on Class Certification – August 4, 2020

Motion for Class Certification – May 20, 2020

Amended Class Action Complaint – July 1, 2019

Order Denying Defendants Alaska Airlines, Inc. and Horizon Air Industries, Inc.’s Motion to Dismiss – June 17, 2019

Class Action Complaint – January 7, 2019