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Oakland, Calif. – Today, Oakland City Attorney Barbara J. Parker filed a lawsuit on behalf of the City of Oakland against Southwest Airlines Company (Southwest) for violating Oakland’s Minimum Wage and Sick Leave Ordinance, Oakland’s Civil Protection of the People of Oakland Ordinance, and the California Labor Code, and for breaching the December 2020 settlement agreement between Southwest and the City.

Despite seven years of investigations and negotiations, Southwest continues to deprive thousands of its Oakland employees of their rights under Oakland and California paid sick leave laws. Southwest breached the December 2020 settlement agreement with the City by refusing to restore earned paid sick leave hours to employees. Southwest also has engaged in new violations of Oakland and California law by: (1) denying employees the right to use their earned paid sick leave as they are entitled to by law; (2) retaliating against employees by disciplining them when they use or seek to use paid sick leave and by discouraging them from exercising their rights and making complaints to the City; and (3) failing to provide employees with paid sick leave-related records and information required by law.

“The City of Oakland is committed to protecting workers by ensuring that all employers in Oakland are complying with laws that protect their rights,” said Oakland City Attorney Barbara J. Parker.

In 2014, Oakland voters overwhelmingly passed Measure FF, the Minimum Wage and Sick Leave Ordinance, which established a minimum wage and requires that Oakland employers provide paid sick leave to their employees. The paid sick leave provisions of the ordinance require, among other things, that employers not only provide paid sick leave but allow employees to use accrued paid sick leave for themselves as well as for qualifying family members and other individuals, without unreasonable conditions and fear of adverse employment consequences. The ordinance also prohibits retaliation and requires that employers provide employees with access their paid sick leave-related records.

“For too long, workers have been unable to take Oakland paid sick leave when they need to because of Southwest’s policies and practices, which put workers and Southwest passengers at risk,” said Abilio Villaverde, President for the Transport Workers Union Local 555. “In many situations, we have been forced to either work while sick or take unpaid absences that result in discipline and risk our jobs. We are grateful that the City of Oakland is holding Southwest accountable. We hope that Southwest policies and practices will finally change for good,” said Eric Swygert, a Southwest employee and Local Elected Ramp Representative at the Oakland airport.

The repercussions of Southwest’s practices were particularly detrimental during the COVID-19 pandemic, when many workers had no choice but to report to work even if they were ill – placing the public health at risk – or were needed at home to care for family members.

Since 2021, the City spent years negotiating with Southwest regarding its breaches of the December 2020 settlement agreement and new paid sick leave violations, to no avail. Despite the City’s extensive efforts to reach resolution, Southwest has not complied with the law, has not complied with the December 2020 settlement agreement and has not provided relief to its employees.

“Southwest is a major and valued company, but having reached an impasse after years of negotiations, our only option to protect workers’ rights and public health is to take Southwest to court,” said City Attorney Parker.

“It is important for our City to listen to and defend the rights of workers, enforcing the laws passed by voters and Council,” said City Council President Nikki Fortunato Bas. “Enforcement of labor laws not only benefits workers but also law-abiding employers and the City of Oakland as a whole.”

The City’s lawsuit seeks, among other things, that Southwest:

• Comply with the law and with the December 2020 settlement agreement;
• Pay restitution, damages, penalties, and other relief to affected workers;
• Remedy any adverse employment consequences for employees resulting from Southwest’s unlawful policies and practices, including rescinding discipline; and
• Pay monetary penalties and the City’s enforcement costs.

The Office of the City Attorney issued a document that answers Frequently Asked Questions (FAQs) about the lawsuit. Please refer to the FAQs and lawsuit for more information.

Employees and employers may visit https://www.oaklandca.gov/topics/measure-ff-and-measure-z and call (510) 238-6258 or email minwageinfo@oaklandca.gov for more information about Oakland’s Minimum Wage and Paid Sick Leave Ordinance.

Individuals may visit https://www.oaklandca.gov/services/file-complaint-minimum-wage-paid-leave-service-charge to submit a complaint regarding suspected violations to the Department of Workplace and Employment Standards.