Important Update for Avelo Flight Attendants in California

Important Update for Avelo Flight Attendants in California

A legal development has recently come to light that may affect the rights of flight attendants employed by Avelo Airlines in California.

A plaintiff named Jerel Patterson, who claims to have worked as a ramp agent for Avelo in Burbank, sued Avelo in Sacramento Superior Court in a case entitled Patterson v. Avelo Airlines, Inc., Case No. 23CV009505 (the “Patterson case”).  Counsel for Mr. Patterson have asked the court in the Patterson case to approve a proposed class action settlement with Avelo. Our firm is not involved in the Patterson case and only recently became aware of the proposed settlement.

As we have reported here, we are currently pursuing a separate legal action, Curtis v. Avelo Airlines, Inc. (the “Curtis case”), focused specifically on alleged wage and hour violations relating to Avelo flight attendants in California.  You can review that complaint here. We have learned Avelo intends to argue that the settlement in the Patterson case bars certain of the claims we are asserting in the Curtis case on behalf of flight attendants, even though the wage and hour violations in the Patterson case allege facts that appear to relate to ground employees, not flight attendants.

The court has not yet granted final approval of the proposed settlement in the Patterson case. Before the settlement is approved, a notice will be sent to everyone who is affected by the settlement giving you the right to exclude yourself from the settlement (“opt out”) or object to the settlement.

Please be on the lookout for a notice in your mail and email relating to the Patterson case. There is a time limit on your right to opt out or object to the settlement if you wish to do so. If you do not opt out, you will be automatically included in the settlement.  This also means that Avelo may try to argue that if you participate in the Patterson settlement, you are barred from seeking relief in the Curtis case.

If you have any questions about your rights, you may contact our firm at: Monique Olivier at monique@os-legal.com and Estefania Palacios at estefania@os-legal.com.

Communications are confidential, free of charge, and do not automatically involve you in the lawsuit.

This notice is provided for informational purposes only and does not constitute legal advice

Flight Attendant Files Class Action Lawsuit Against Avelo Airlines

A proposed class action lawsuit has been filed by a current California-based flight attendant against Avelo Airlines. The lawsuit alleges that Avelo Airlines violated California’s wage and hour laws, and it seeks to pursue wage and hour claims on behalf of all California-based flight attendants employed by Avelo within the past four years.

What is the lawsuit about?

The lawsuit alleges that Avelo Airlines:

• Failed to properly compensate flight attendants for required work performed before and after flights, during mandatory training, reserve shifts, drug testing, and special assignments.
• Failed to provide meal and rest breaks required by California law.
• Failed to pay overtime wages at legally required rates.
• Failed to issue accurate wage statements.
• Required flight attendants to waive meal breaks as a condition of employment.
• Imposed unlawful restrictions on flight attendants’ speech regarding wages and working conditions.

The lawsuit seeks compensation for unpaid wages and penalties, as well as injunctive relief—meaning it asks the court to order Avelo Airlines to change these allegedly unlawful practices.

Who does this involve?

This case seeks to represent all flight attendants who have been based in California while employed by Avelo Airlines at any point during the last four years prior to the filing of the complaint through the date of final judgment. However, the lawsuit has not yet been certified as a class action, and no determination has been made regarding who might qualify to be part of this lawsuit.

What is the lawsuit hoping to achieve?

The lawsuit aims to:

• Recover unpaid wages and penalties for flight attendants based in California.
• Require Avelo Airlines to change any wage, break, and speech policies that violate California law.

What’s happening right now?

The lawsuit was recently filed in Los Angeles County Superior Court. At this early stage, Avelo Airlines has not yet formally responded to the lawsuit. The court has not made any rulings regarding the validity of the claims or the potential class certification.

Do I have to do anything right now?

You do not need to take any action at this time. Reading this notice does not automatically include you in the lawsuit. If the court approves the case as a class action, you may receive a formal notification of your rights at that time.

Interested in Learning More?

You can review a copy of the filed complaint HERE

If you have questions about the lawsuit or your rights, you may contact the attorneys representing Plaintiff: Monique Olivier at monique@os-legal.com and Estefania Palacios at estefania@os-legal.com.

Communications are confidential, free of charge, and do not automatically involve you in the lawsuit.

This notice is provided for informational purposes only and does not constitute legal advice.