Bernstein v. Virgin – Class Action Lawsuit Status

Dear Class Members:

The following is a report from Class Counsel, the lawyers who represent the Class of Virgin America flight attendants, in Bernstein v. Virgin.

• 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.

Please continue to check back here for further updates.  If you have questions, please contact Class Counsel: monique@os-legal.com and alison@ktlawsf.com.

Case Documents:

Plaintiffs Notice of Motion to Amend the Judgment Memorandum of Points and Authorities in Support Thereof

Supplemental Expert Report of David Breshears

Defendants’ Opposition to Plaintiffs’ Motion to Amend the Judgment

Decl. of V. Estevez ISO Defs Opp. to Motion to Amend Judgment

Brief ISO Mtn to Amend the Judgment

Plaintiffs’ Third Amended Complaint

Order Regarding the Plaintiffs’ Motion for Summary Judgment

District Court’s Orders Re Plaintiffs’ Summary Judgment

Ninth Circuit Opinion