Southwest Airlines Sued By The City Of Oakland For Violating Labor Laws

Southwest Airlines

is being sued by the City of Oakland. The office of the city’s attorney reports that the reason behind the lawsuit is because the low-cost carrier has been violating the city’s minimum wage and sick leave-related regulations. Additional violations related to paid sick leave have also been observed.

The lawsuit

A December 2020 settlement agreement signed between the city and the airline resulted in certain decisions on minimum wage and sick leave. However, the airline allegedly continues to breach the contract. The office of Oakland City Attorney Barbara J. Parker said the following in a statement:

“Despite seven years of investigations and negotiations, Southwest continues to deprive thousands of its Oakland employees of their rights under Oakland and California paid sick leave laws.”

Photo: Southwest Airlines

The office also noted that the carrier has gone beyond violating the 2020 agreement. It mentions breaches related to sick leave rights, pushing employees beyond acceptable working conditions.

“Additionally, Southwest has continued to violate the law—in several ways that the settlement agreement does not address—by denying employees their rights to use earned paid sick leave, retaliating against employees by disciplining them when they use or seek to use paid sick leave and by discouraging them from exercising their rights, and failing to provide employees with paid sick leave-related records and information required by law.”

Southwest Airlines

IATA/ICAO Code

WN/SWA

Hub(s)

Baltimore/Washington International Thurgood Marshall Airport
, Dallas Love Field
, Denver International Airport
, Harry Reid International Airport
, Hartsfield-Jackson Atlanta International Airport
, Houston Hobby Airport
, Los Angeles International Airport
, Midway International Airport
, Oakland International Airport
, Orlando International Airport
, Phoenix Sky Harbor International Airport

Year Founded

1967

CEO

Robert Jordan

Country

United States

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In a statement, the carrier responded with the following, per local media.

“Southwest Airlines fully complies with applicable sick leave laws in Oakland and California, as well as with the terms of a December 2020 settlement agreement with the city.

Photo: Wirestck Creators | Shutterstock

Although Southwest remains willing to address the city’s concerns about sick leave policies, the airline is prepared to vigorously defend itself against these frivolous claims in court, including by asking the court to address the city’s own breach of the settlement agreement.“

The 2020 settlement agreement

According to the latest statement from the city attorney’s office, the 2020 agreement had followed an investigation into the company’s practices in 2017. This had revealed that “Southwest had violated the Paid Sick Leave Ordinance” (PSL) in two ways:

1. It failed in ensuring employees earned at least one hour of PSL for every 30 hours on shift
2. It removed all of its employees’ accumulated PSL on January 1 of each year and did not carry them over into the new year.

New revelations

The office says that to date, “Southwest has not cured its breaches of the Settlement Agreement.” Since it was signed, the carrier has actually been involved in additional violations, that were not related to the 2017 investigation.

“Southwest employees brought complaints and information to the City Attorney and, in 2022, filed new administrative complaints with DWES.”

Photo: Robin Guess | Shutterstock

These latest complaints involved instances where employees were sometimes prevented from using their PSL. Instead, employees were found to have been forced to work “while sick or take unpaid leave or another form of leave potentially resulting in discipline and adverse employment consequences.”