Casey Clarkson v. Alaska Airlines & Horizon Airlines

This is a class action lawsuit involving Alaska Airlines and Horizon Airlines’ violations of USERRA’s re-employment and benefit provisions. Specifically, this case alleges that Horizon Airlines utilized a virtual credit policy that violated USERRA’s re-employment statute insofar as the virtual credit policy made it so reservists who served on military duty were returned to work in a lower flying status. The case also alleges that Alaska Airlines violated USERRA’s benefit provision by failing to pay military reservists for short term military leave while paying other similarly situated workers for like periods of short term leave. A copy of the complaint is available here.

After filing the lawsuit Alaska and Horizon filed papers in the court requesting that the lawsuit be dismissed. On June 17, 2019, the Court denied Alaska and Horizon’s motion. A copy of the Court’s Order denying the case is available here.

Copies of press coverage on the Court’s decision is available here.

On August 4, 2020, the Court granted, in part, Mr. Clarkson’s motion for Class Certification. A copy of that order is available here.

The case is currently being appealed to the Ninth Circuit Court of Appeals.