The Complaint alleges that Southwest has maintained a policy and practice of continuing to pay employees’ normal salaries during leaves-of-absence such as jury duty leave, bereavement leave and sick leave; however, this policy and practice does not extend to short-term military leave. Under USERRA, Southwest is required to treat military leave as no less favorably than other comparable forms of non-military leave. By providing normal wages for employees on other comparable forms of leave while refusing to offer the same for employees on short-term military leave, the Complaint alleges that Southwest is violating USERRA.

This lawsuit is brought on behalf of the following class:

Current or former employees of Southwest Airlines Co. who, during their employment with Defendant, took short-term military leave (which Southwest defines as military leave that lasted 14 days or fewer) from their employment with Southwest Airlines Co. and during such period of short-term military leave did not receive the regular wages or salary that they would have earned had they continued to work their ordinary work schedules, from October 10, 2004 through the date of judgment in this action.

Excluded from the Class are all former or current employees who previously reached settlements with or judgments against Southwest in USERRA actions concerning Southwest’s failure to pay wages or salaries during periods of short-term military leave.

The Complaint was filed on January 7, 2019. Defendant filed its Answer to the Complaint and a Motion to Transfer Venue on April 10, 2019. The Court denied Defendant’s Motion to Transfer Venue on July 19, 2019.

Defendant filed a Motion for Judgment on the Pleadings on August 28, 2019, which the Court denied on November 27, 2019.

Plaintiff filed a Motion for Class Certification on October 21, 2020. The Court granted the Motion for Class Certification on February 3, 2021. Defendants filed a Petition for Permission to Appeal the Class Certification decision to the United States Court of Appeals for the Ninth Circuit on February 17, 2021 The Ninth Circuit subsequently denied the petition on March 10, 2021.

Discovery is Ongoing.

After the Ninth Circuit denied the petition for permission to appeal the Class Certification decision, the parties engaged in mediation after Defendants produced certain key documents and data. A mediation session was held on January 2020, 2025 with an experienced mediator. The parties reached a settlement agreement which was formalized in an executed settlement agreement on September 25, 2025.

Under the terms of the settlement, Defendant will pay the Cash Settlement Amount of $18,500,00 into the Escrow Account to resolve all claims of the Class. After subtracting the fees award, the expense award, service awards, the costs of settlement administration, and any payments to the relevant taxing authorities, the remaining funds shall be known as the Net Settlement Amount to be distributed to Class Members. 

Plaintiff filed a Motion for Class Certification on October 21, 2020 and Motion for Preliminary Approval of Settlement on September 25, 2025. 

On December 11, 2025, the Court granted the Motion for Preliminary Approval of the Settlement.

Plaintiff filed a Motion for Final Approval on April 30, 2026. The United States District Court for the Northern District of California granted Final Approval on May 12, 2026. 

The Court issued Final Judgment on May 19, 2026.

Final Judgment - May 19, 2026

Order Granting Final Approval - May 12, 2026

Motion for Final Approval April 30, 2026

Order Granting Preliminary Approval – December 11, 2025

Motion for Preliminary Approval – September 25, 2025

Order Granting Class Certification - February 3, 2021

Motion for Class Certification – October 21, 2020

Order on Motion to Transfer - July 19, 2019

Complaint - January 7, 2019

Southwest Airlines Agrees to Change its Policy and Pay $18.5 Million To Settle a Class-Action USERRA Lawsuit Brought by ROA Members, Law Review 25048, December 2025

Southwest Airlines Inks $18.5M Deal In Military Leave Suit, Law360