Oakland City Attorney Barbara Parker has filed a lawsuit against Southwest Airlines alleging ongoing violations of city and state sick leave laws.
The suit, filed Wednesday in Alameda County Superior Court, also alleges the airline has failed to abide by a 2020 settlement agreement, which requires it to restore earned sick leave to Oakland ground crew employees and to comply with Oakland’s sick leave rules in the future, among other things.
Instead, employees say workers have been forced to either work while sick or take unpaid absences for which they are disciplined.
“For too long, workers have been unable to take Oakland paid sick leave when they need to because of Southwest’s policies and practices, which put workers and Southwest passengers at risk,” Abilio Villaverde, president of Transport Workers Union Local 555, said in a news release issued by Parker’s office.
Oakland started investigating Southwest in 2017 when workers complained that the airline was in violation of the city’s Measure FF, passed in 2014, which sets a minimum wage and requires companies to provide paid sick leave.
“Southwest is a major and valued company, but having reached an impasse after years of negotiations, our only option to protect workers’ rights and public health is to take Southwest to court,” Parker said.
What the city wants
The city wants Southwest to comply with the law and with the 2020 settlement; pay restitution, damages and penalties; rescind disciplinary action against workers and pay monetary penalties and enforcement costs, among other things.
In an emailed statement, company officials said the claim that employees were forced to come to work while sick or take unpaid absences is unfounded.
“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,” company officials said.
Company officials said they cooperated with two city investigations and that Oakland has yet to produce evidence that any Southwest employees were harmed.
Southwest employs roughly 3,000 people at the Oakland airport, “most of whom” are subject to Southwest’s alleged behavior, according to the City Attorney’s Office.
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