The motion for summary judgment specifically seeks to establish liability against Southwest for interference under both the FMLA and the California Family Rights Act, citing that the policy discriminates against a subclass of California-based flight attendants.
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Oakland, California – Erlich Law Firm has filed a motion for partial summary judgment in a closely watched lawsuit against Southwest Airlines, alleging the airline’s attendance policy unlawfully penalizes flight attendants for exercising their rights under the Family and Medical Leave Act (FMLA). The motion is slated for a hearing on November 13, 2025, at the United States District Court for the Northern District of California, before Judge Jacqueline Scott Corley.
The lawsuit, representing a nationwide class of Southwest flight attendants, contends that the airline’s policy of assessing disciplinary points for attendance violations violates FMLA provisions. The policy, the plaintiffs claim, effectively punishes employees by removing key benefits when they take leave, leading to terminations upon accumulating 12 points. These benefits include point-reduction incentives for good attendance, which are crucial for avoiding disciplinary action.
According to court documents, the crux of the plaintiffs’ argument is that Southwest’s policy is not merely a permissible “freeze” of benefits during leave but a flat-out penalty that contravenes the FMLA’s protective statutes. The airline’s attendance policy...
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