CALIFORNIA – Delta Air Lines Inc. has agreed to pay nearly $16 million to settle a wage lawsuit filed in 2015 by Delta flight attendants who challenged the airline’s pay practices. Plaintiffs Dev Anand Oman, Todd Eichmann, Michael Lehr, and Albert Flores have urged a federal judge in California to approve the proposed settlement in a motion filed on May 15, which would end nearly a decade of litigation.
The proposed settlement would provide an “extremely favorable” outcome for the approximately 4,185 eligible class members, according to the plaintiffs. Class members are all current and former Delta flight attendants who were based in California from January 9, 2014, to March 31, 2024, and who did not participate in Delta’s enhanced retirement or voluntary exclusion programs.
The wage lawsuit challenged Delta’s pay practices and brought claims under the California Labor Code, the Private Attorneys General Act (PAGA), and wage statement penalties. If approved, the settlement would allow class members to receive 100% of their potential wage statement penalties before the 2022 revisions and 25% of their potential penalties after those revisions, with a maximum payout of $4,000.
According to the plaintiffs ‘ motion for preliminary approval of Delta’s settlement, PAGA penalties will also be distributed among class members and eligible flight attendants who do not fall within the class definition.
Delta’s settlement is the result of nearly a decade of arduous litigation. In 2017, the airline won a summary judgment based on its argument that flight attendants spend most of their time in federal airspace, which Delta claimed made most of the claims under state law irrelevant.
However, the flight attendants appealed this decision to the 9th Circuit Court of Appeals, which referred the case to the California Supreme Court.
The state’s highest court determined that California’s wage protections applied to Delta flight attendants whose base of operations was in California.
Last year, Delta was sued again for failing to pay overtime to employees who worked extra hours after swapping shifts with colleagues. This new lawsuit underscores the ongoing tension between the airline and its employees over pay practices.
This $16 million settlement not only represents a significant victory for Delta’s flight attendants but could also set an important precedent in the aviation industry. Airlines will need to reevaluate their pay practices and ensure compliance with both state and federal labor laws to avoid future litigation. The resolution of this case could inspire other industry workers to question and demand their wage rights.
