Alaska Airlines USERRA Lawsuit
#1
Alaska Airlines USERRA Lawsuit
https://www.outtengolden.com/news/al...leave-pay-suit
This is interesting. None of the places I've worked for gave me normal pay when out on short-term mil leave. I never gave it much thought...
Sent from my moto x4 using Tapatalk
This is interesting. None of the places I've worked for gave me normal pay when out on short-term mil leave. I never gave it much thought...
Sent from my moto x4 using Tapatalk
#2
https://www.outtengolden.com/news/al...leave-pay-suit
This is interesting. None of the places I've worked for gave me normal pay when out on short-term mil leave. I never gave it much thought...
Sent from my moto x4 using Tapatalk
This is interesting. None of the places I've worked for gave me normal pay when out on short-term mil leave. I never gave it much thought...
Sent from my moto x4 using Tapatalk
Ok, but some contracts will pay the employee normal pay for a day lost while on jury duty, but the flip side, is the employee may be required to return all monies paid/earned to the employer while on jury duty.
If that clause is similar (I dont know) in the Alaskan CBA, then the equivalent would be, a military member would be required to pay Alaskan all military wages earned in exchange for Alaskan wages while on military.
Bottom line, details of the CBA and USERRA are specific, but outcomes can be very different depending on individual employers contracts. The outcome of this case may have no bearing on your current place of employment based on your CBA. USERRA is the floor, CBA's can raise the floor at individual employers. No one can provide less than USERRA.
#4
Banned
Joined APC: Mar 2013
Posts: 384
The comparison of being paid for jury duty vs Mil Leave is laughable. You don’t get paid (except for a small stipend) by another entity while performing jury duty. The greedy individual who file the lawsuit based on this is a POS who wants to get paid for work they didn’t do. How sad.
#5
Banned
Joined APC: Nov 2013
Position: 7th green
Posts: 4,378
With jury duty you have to turn over the jury pay (at most places) to get the regular pay. I'm not sure the reservists want to turn over their military paycheck. Looks like someone trying to ring the bell twice to me as well.
During the Gulf War, Alaska kept the McChord pilots on all their benefits as long as they managed to fly one trip a month for the airline. But they didn't pay them their Alaska guarantee while they were on active duty.
During the Gulf War, Alaska kept the McChord pilots on all their benefits as long as they managed to fly one trip a month for the airline. But they didn't pay them their Alaska guarantee while they were on active duty.
#6
Banned
Joined APC: Jun 2019
Posts: 442
There are several companies out there (not any airlines that I’m aware of, though) who pay their employees who go on mil leave the difference between their normal company salary and their mil pay. Obviously not a userra thing, just a cool thing some companies do to support their guardsmen/reservists who take a pay cut to serve. I have a feeling that wouldn’t work out well for airlines if they did that, though.
#7
Occasional box hauler
Joined APC: Jan 2018
Posts: 1,636
There are several companies out there (not any airlines that I’m aware of, though) who pay their employees who go on mil leave the difference between their normal company salary and their mil pay. Obviously not a userra thing, just a cool thing some companies do to support their guardsmen/reservists who take a pay cut to serve. I have a feeling that wouldn’t work out well for airlines if they did that, though.
#8
Basically, if sent overseas to a hostile area. Not required by USERRA or contract. Truly a wonderful benefit. But not all orders qualify.
#9
Talked to a buddy yesterday.
Apparently AS does in fact make up the difference (if any) between mil reserve pay and airline pay.
Looks like what this plaintiff is doing is trying to leverage the USERRA provision which specifies that any benefit offered to non-mil leave takers must be afforded to mil leave takers as well.
So Alaska's voluntary and somewhat generous mil pay true up policy is not enough for this guy... he wants full double-dip. Based on the fact that AS somewhat generously offers full pay for jury duty (which typically pays essentially nothing).
Apparently AS does in fact make up the difference (if any) between mil reserve pay and airline pay.
Looks like what this plaintiff is doing is trying to leverage the USERRA provision which specifies that any benefit offered to non-mil leave takers must be afforded to mil leave takers as well.
So Alaska's voluntary and somewhat generous mil pay true up policy is not enough for this guy... he wants full double-dip. Based on the fact that AS somewhat generously offers full pay for jury duty (which typically pays essentially nothing).
#10
In that circumstance, Alaska pilots will now find that management will no longer provide these pay plus ups in next contract. Not worthy of a strike or a huge fight.
The result: IMHO, that will make the non military pilot despise the military pilots as they will lose these current benefits. ughhhh
The result: IMHO, that will make the non military pilot despise the military pilots as they will lose these current benefits. ughhhh
Thread
Thread Starter
Forum
Replies
Last Post