On January 9, 2015, Nichols Kaster filed a Complaint on behalf of flight attendants employed by Delta Air Lines, Inc. (“Delta”). Under Delta’s primary pay formula, flight attendants are only paid for the time after a flight leaves the departure gate until it arrives at the destination gate, but not for the work performed before and after the flight. The Complaint alleges Delta violated California state law by (among other things), failing to pay its employees minimum wage for all hours worked during their employment for work performed in the state of California.

This case is entitled Dev Anand Oman v. Delta Air Lines, Inc.

Case Updates

October 20, 2023

Notice of Class Certification Sent to Delta Flight Attendants

On October 18, 2023, class certification notice was distributed to over 1,800 Delta flight attendants. You can read the notice here.

October 12, 2023

Court Grants Motion for Class Certification

Good news! On September 22, 2023, the Court granted Plaintiffs’ motion to certify a class of Delta flight attendants on claims that Delta violated California’s wage statement requirements by failing to include total hours worked and all rates of pay on California-based flight attendants’ paystubs.

Previously, the court found that Delta’s wage statements violated the law, but that Delta had a good-faith defense to Plaintiffs’ wage statements claims before January 10, 2022. Delta changed its wage statements in October 2022. Plaintiffs therefore sought to certify a class of California-based flight attendants for the time period between January 10, 2022 and October 8, 2022. The Court granted that motion. Flight attendants who participated in Delta’s Enhanced Retirement or Voluntary Opt-out Programs are excluded from the class.

Plaintiffs are also pursuing claims under California’s Private Attorneys General Act going back much further. Those claims are not subject to class certification requirements. Plaintiffs expect there will be a trial in the first half of 2024 to determine the amount of penalties that Delta owes.

If you have questions about the lawsuit, please contact our case clerk, Tommy Navarre, at 612-256-3238 or tnavarre@nka.com.

April 7, 2020

Delta Flight Attendants Seek Unpaid Wages at California Supreme Court

On Tuesday, April 7, Nichols Kaster attorney Matthew Helland will argue before the California Supreme Court on behalf of Delta flight attendants seeking unpaid wages for work performed at California airports. The case, Oman v. Delta Air Lines, Inc., is at the California Supreme Court on three certified questions from the United States Court of Appeals for the Ninth Circuit. The flight attendants argue that Delta violated California’s minimum wage law by failing to pay them for all their work time on the ground at California airports, and that California’s minimum wage, paystub, and pay timing laws apply to flight attendants when they work in California.

Given current shelter in place restrictions, the oral argument will take place remotely via video conference. It is believed to be the first time the California Supreme Court has held arguments via remote video access. The arguments will be live streamed via the Court’s website. The Court’s session begins at 9:00 am PT, with the Oman case expected to be called around 11 am PT.

September 21, 2015

Delta Airlines, Inc. Unpaid Wage Lawsuit Update

On September 11, 2015, the Court ordered Delta to provide certain documents to Plaintiffs. The Court ruled that the documents in question—which Plaintiffs previously requested—could be relevant to the case and that Delta’s refusal to turn them over was improper and unwarranted.

April 9, 2015

Delta Air Lines, Inc. Unpaid Wage Lawsuit Update

On April 7, 2015, the Court held a scheduling conference in this case and set upcoming deadlines. Over the coming months the parties will conduct discovery on Delta’s work rules and whether the company’s pay practices violate California’s minimum wage requirements. Next fall, both parties will file motions with the Court regarding those pay practices. We expect the Court will issue a ruling before the end of the year addressing whether the pay practices violate California’s minimum wage requirements.

Update Info

Attorneys

• Daniel S. Brome
• Matthew C. Helland

Staff

• Christine Rued
• Tommy Navarre