Delta Airlines USERRA Military Leave Litigation
Summary of Lawsuit
This lawsuit alleges that Delta Airlines violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide paid leave to employees who took short-term military leave (i.e. leave of 30 days or less).
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Since at least April 30, 2007, Delta has continued to provide paid leave to employees during leaves of absence such as jury duty leave, sick leave and bereavement leave but has not provided paid leave for employees who take short-term military leave. USERRA protects the rights of servicemembers by requiring employers to treat military leave as no less favorably than other comparable forms of leave with respect to benefits or salaries that employees receive during leaves of absence. The Complaint alleges that by continuing to provide paid leave to employees during periods of jury duty leave, sick leave, bereavement leave and other comparable forms of leave but refusing to provide paid leave to employees on short-term military leave, Delta violated USERRA.
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The Court has certified the following Classes:
Injunction Class: All pilots currently employed by Delta who are also currently members of the U.S. Armed Forces.
Damages Class: All current and former pilots who work or worked for Delta in the United States or its territories or possessions who took a military leave of 30 consecutive days or fewer from their employment with Delta as a pilot from April 30, 2007, to the date of judgment in this action, as reflected by Delta’s military leave data.
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The Complaint was filed on March 16, 2021. A Consolidated Complaint was filed on June 25, 2021. The Court denied Defendant’s Motion to Dismiss on March 29, 2022.
Motion for Class Certification was filed on June 12, 2023.
A Second Amended Consolidated Complaint was filed on December 29, 2025.
Renewed Motion for Class Certification was filed on January 12, 2026.
The Court granted the Renewed Motion for Class Certification on August 7, 2026.
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Whom to Contact for More Information
If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:
R. Joseph Barton, Esq. jbarton@thebartonfirm.com
Ming Siegel, Paralegal ming@thebartonfirm.com
The Barton Firm LLP
1633 Connecticut Ave. NW Suite 200
Washington, DC 20009
(202) 734-7046
The Barton Firm LLP is co-counsel in this litigation with Outten & Golden LLP, Gupta Wessler PLLC, Crotty & Son Law Firm PLLC, and the Law Office of Thomas G. Jarrard LLC.