Estrada v. Alaska Airlines, Inc.

Flight Attendants Challenge Unlawful Attendance Points System

Background

  • Filed 2025; Alameda County Superior Court Case No. 25CV109449
  • Plaintiff, a former flight attendant, seeks to recover compensation and enjoin Alaska Airlines’ attendance control policy that penalizes employees for taking sick leave
  • Class action on behalf of California-based flight attendants and PAGA representative action
  • Class action status to be determined

Case Description

This is a putative class action on behalf of California-based flight attendants at Alaska Airlines. The action challenges Alaska Airlines’ attendance control policy that systematically penalizes flight attendants for taking paid sick leave in violation of California Labor Code section 233.

The policy assigns points for various circumstances associated with taking sick leave.

Under the airline’s policy:

  • Flight attendants are limited from taking more than one continuous occurrence of paid sick leave per calendar quarter
  • Employees who exceed this limit are assigned disciplinary “points” that remain on their records for up to 18 months
  • Points are also issued for other circumstances related to sick leave, including late notice
  • Flight attendants who accumulate 12 points face termination

This attendance control policy forces flight attendants to choose between their job security and their health, sometimes compelling them to work while ill—risking not only their own wellbeing but also that of their coworkers and passengers. These policies directly contradict California law, which is designed to protect employees’ right to take sick leave without fear of discipline or retaliation, forcing essential workers who keep our skies safe to choose between their health and their livelihood.

If you are a California-based flight attendant at Alaska Airlines who has been affected by this attendance points system, we encourage you to contact us to share your experience and learn more about your rights under California law.

Understanding Your Rights Under California Labor Code

California provides strong protections for employees who need to use sick leave:

  • Labor Code Section 234 specifically prohibits an employer from having an attendance policy that counts sick leave as an absence that can lead to discipline, discharge, demotion, or suspension
  • These protections are a per se right – meaning employers cannot create policies that penalize or discourage employees from using their legally protected sick leave
  • Employees cannot be forced to choose between their health and their job security when using legally protected sick leave

Remedies Being Sought

The lawsuit seeks several important remedies on behalf of affected flight attendants:

  • Injunctive Relief: Court orders to stop Alaska Airlines from continuing its unlawful attendance control policy
  • Reinstatement: For flight attendants who were terminated due to points accumulated for taking protected sick leave
  • Monetary Damages: Actual damages for lost wages and benefits resulting from the unlawful policy
  • Civil Penalties: Under the Private Attorneys General Act (PAGA) for violations of the Labor Code
  • Attorneys’ Fees and Costs: As provided by California law

Broader Investigation into Attendance Points Systems

We are investigating attendance points systems more broadly across the airline industry and other employers in California. If you have experienced similar issues with attendance points being assessed for taking protected sick leave at other airlines or other employers, we want to hear from you. Please contact us at 888-686-1918 or fill out the Contact form below.

CONTACT US

XINYING VALERIAN

We invite employees to contact our law firm to share their experiences or observations.

Xinying Valerian

Managing Partner