Key Points:
White v. United Airlines, Inc.
1, the U.S. Court of Appeals for the 7th Circuit held that USERRA requires employers to provide short-term paid military leave, if they provide paid leave for comparable non-military absences, such as for jury duty or bereavement leave.
USERRA requires that employees on military leave receive the same non-seniority-based “rights and benefits” as similarly situated employees on comparable forms of leave.
Prior to
White, some district courts held that paid leave is not a “right” or “benefit” within the meaning of USERRA, whereas two courts in the Eastern District of Pennsylvania reached opposite conclusions on this issue a year apart.
In a case that it characterized as one of first impression in the federal courts of appeals, the U.S. Court of Appeals for the Ninth Circuit held last week that the Uniformed Services.
HOUSTON A man claims he suffered serious elbow injuries when he was struck in the same elbow with a service cart on two separate United Airline flights.
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7th Circ. Revives United Airlines Pilot s Military Leave Suit
Law360 (February 3, 2021, 10:51 PM EST) The Seventh Circuit revived Wednesday a military leave suit brought by a United Airlines pilot, finding that military leave should be afforded the same rights and benefits as jury duty and other types of paid leave under the Uniformed Services Employment and Reemployment Rights Act.
In an 18-page opinion, a three-judge panel unanimously ruled that a lower court prematurely dismissed Eric White s proposed class action that accuses United Airlines Inc. of running afoul of USERRA when it failed to provide paid leave to him and other reservists on short-term military leave.
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The 9th U.S. Circuit Court of Appeals on Tuesday said California law requiring employers to put certain information on wage statements applies to United Airlines Inc pilots and flight attendants based in the state even though they spend most of their time elsewhere.
A unanimous three-judge 9th Circuit panel rejected United’s claims that California law is preempted by the federal Airline Deregulation Act of 1978 and the Dormant Commerce Clause of the U.S. Constitution, saying the state law does not impede interstate commerce.
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