Spirit class action alleges airline prevents employees from using FMLA benefits

Spirit class action overview: 

• Who: Plaintiff Michael Warwas filed a class action lawsuit against Spirit Airlines, Inc. 
• Why: Warwas claims that Spirit does not include all hours that employees are required to work toward their Family Medical Leave Act hours.
• Where: The Spirit class action was filed in federal court in Nevada.

Plaintiff Michael Warwas has filed a class action lawsuit against Spirit Airlines Inc., alleging the company violated Family Medical Leave Act (FMLA) requirements by not counting all hours that Spirit employees are required to be at work toward their FMLA accruals.

Spirit does not count the pre- and post-flight time requirements that flight attendants need to be on an airplane — one hour before a flight and 30 minutes after the flight arrives at the gate — toward the employees required work time to be eligible for FMLA, according to the class action.

Instead, Spirit only counts the time from when an airplane begins to leave the gate until when it arrives at the next gate toward the employees’ 520 credit hours it requires of employees each 12 months in order to be eligible for FMLA. The Spirit class action contests that just 504 duty hours are required for FMLA eligibility, not the 520 credit hours.

“As a result of these unlawful policies and practices, Spirit regularly interferes with, restrains, or denies the exercise of or the attempt to exercise the FMLA benefits by FAs,” the class action says. “Plaintiff and members of the Class have been denied FMLA leave based on these policies and practices that do not comply with the FMLA.”

Plaintiff faced retaliation for contesting Spirit FMLA policy, lawsuit contests

The company denied the plaintiff’s FMLA time off and then, after requiring him to attend an investigatory meeting, retaliated against him for contesting the FMLA time off, according to the class action.

Spirit Airlines also recently agreed to pay $8.25 million to end claims the airline covertly charged its customers hidden fees for carry-on luggage. 

Have you been unexpectedly charged for carry-on baggage? Let us know in the comments.

The plaintiff is represented by Kathryn L. Bain of Bain Mazza and Debskit LLP, Monique Olivier and Cassidy Clark of Olivier and Schreiber LLP and Anna D’Agostino of Miller Shah LLP.

The Spirit class action lawsuit is Warwas v. Spirit Airlines Inc., Case No. 2:23-cv-01367-JCM-NJK, in the U.S. District Court for the District of Nevada.

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