Delta USERRA Military Leave Litigation

Haley v. Delta Airlines, Inc., Case No. 1:21-cv-01076-TCB (N.D. Ga.)

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Summary of the Lawsuit

This lawsuit alleges that Delta Airlines violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by failing to provide paid leave to employees who took short-term military leave (i.e. leave of 30 days or less).

 Summary of the Claims

Since at least April 30, 2007, Delta has continued to provide paid leave to employees during leaves of absence such as jury duty leave, sick leave and bereavement leave but has not provided paid leave for employees who take short-term military leave. USERRA protects the rights of servicemembers by requiring employers to treat military leave as no less favorably than other comparable forms of leave with respect to benefits or salaries that employees receive during leaves of absence. The Complaint alleges that by continuing to provide paid leave to employees during periods of jury duty leave, sick leave, bereavement leave and other comparable forms of leave but refusing to provide paid leave to employees on short-term military leave, Delta violated USERRA.

 Class Action Allegations 

This lawsuit is brought on behalf of the following Class:

All current and former employees who work or worked for Delta Airlines, Northwest Airlines, or any other entity that merged or otherwise combined with Delta Airlines at a location in a jurisdiction covered by USERRA (i.e., the United States and its territories) who (A) took short-term Military Leave (i.e., a military leave of 30 consecutive days or fewer) in one or more years during their employment with Delta from April 30, 2007, to the present, or from May 31, 2007, to the present, in the case of former employees of Northwest; and(B) during such period of short-term Military Leave did not receive the regular wages or salary that they would have earned had they continued to work their ordinary work schedules.

Excluded from the class are the Judge assigned to the case and any of his or her relatives.

 Status of the Litigation

The Complaint was filed on March 16, 2021. A Consolidated Complaint was filed on June 25, 2021. Defendants filed a Motion to Dismiss the Consolidated Complaint on August 9, 2021. The Court denied the Motion to Dismiss on March 29, 2022. Discovery is currently ongoing.

 Whom to Contact for Information

If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:

R. Joseph Barton, Esq. (
Ming Siegel, Paralegal (
Block & Leviton LLP
1633 Connecticut Ave. NW, Suite 200
Washington DC 20009
(202) 734-7046

Vincent Cheng (
Block & Leviton LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
(415) 968-8999

Block & Leviton is co-counsel in this litigation with Outten & Golden LLP, Gupta Wessler PLLC, Crotty & Son Law Firm, PLLC, and the Law Office of Thomas G. Jarrard LLC.

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