Master Executive Council (MEC)
Legal Disclaimer
At the request of Legacy Virgin America (L-VX) Flight Attendants who have reached out to AFA Alaska regarding Bernstein v. Virgin America, we are sharing the following information presented “as-is” and with permission from the Bernstein class counsel as a courtesy to our members. AFA does not represent the plaintiffs in this case, so any specific questions or concerns from the Class (current and/or former L-VX FAs) about the case should be directed to counsel: monique@os-legal.com and alison@ktlawsf.com.
Received by AFA Alaska on July 8, 2022:
Dear Class Members:
I understand that Alaska Airlines has been holding meetings with class members and other flight attendants to discuss the impact of the decisions in the case, and that there is confusion and possible disinformation about the status of things. The following is a report from Class Counsel, the lawyers who represent the Class of Virgin America flight attendants, in Bernstein v. Virgin America.
The case is presently pending in the federal district court before Judge Jon S. Tigar. Plaintiffs have prevailed on their claims for overtime, wage statement violations, meal and rest period violations, waiting time penalties, and the failure to pay flight attendants in a timely manner as required by California law.
The district court has been directed by the appellate court to revise the judgment in accordance with the opinion that the appellate court issued last summer. Accordingly, plaintiffs have moved to amend the judgment. Alaska Airlines have made several arguments in opposition. The district court will hear the motion on August 18, 2022, and will then decide what the total judgment will be. Plaintiffs have asked the court to enter a judgment that is approximately $42 million. Virgin is opposing Plaintiffs’ motion but agrees that it must pay the Class for the overtime violations.
Alaska Airlines continues to state that it cannot comply with any obligation to provide meal and rest periods in flight. To be clear, the ruling in the case was limited: it found Virgin America (and Alaska ONLY as a successor-in-interest to Virgin America) liable for meal and rest periods only for flights within California and only for the time period of March 18, 2011 – December 15, 2017.
If you want more information, please feel free to contact Class Counsel: monique@os-legal.com and alison@ktlawsf.com. We will also be launching a page on www.os-legal.com shortly with updates.
Thank you!
Monique Olivier, esq.
Reference Documents
- [447] Plaintiffs’ Notice of Motion to Amend the Judgment_ Memorandum of Points and Authorities in Support Thereof (2022.05.26)
- [447-02] 2022 Supplemental Expert Report of David Breshears (2022.05.26)
- [451] Defs’ Opp. to Pltfs’ Motion to Amend Judgment (2022.06.16)
- [451-01] Decl. of V. Estevez ISO Defs’ Opp. to Motion to Amend Judgment (2022.06.16)
- [453] Pls.’ Reply Brief ISO Mtn to Amend the Judgment (2022.06.30)
