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

USERRA does not require an employer to pay us our normal civilian job pay when serving. Only looking at your posted article, the complaint appears to be based on what the collective bargaining agreement provides other employees. In this case, mentioned pay while on jury duty.
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.

Well this could set an interesting precedent. As awesome as it would be to get paid airline pay while out on MLOA, I'm not sure I see this one winning.

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.

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.

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.

UPS will make up the difference between your mil pay and min guarantee for up to one year’s worth of orders over the course of your career. Primarily useful for deployments where you will be out several months to a year. Does not seem to be abused here.

You must qualify and show orders to ensure compliance with their policy and be on active duty (other than for training) for a period of service exceeding 30 days pursuant to any provision of law because of a war or national emergency declared by the President of the United States or Congress (subject to review)
Basically, if sent overseas to a hostile area. Not required by USERRA or contract. Truly a wonderful benefit. But not all orders qualify.

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).

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