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Southwest Airlines fined over $2 million for alleged retaliation against mechanics taking PTO

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Southwest Airlines fined over $2 million for alleged retaliation against mechanics taking PTO
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Bob Jordan, President, Chief Executive Officer, & Vice Chairman of the Board of Directors Connect with Bob Jordan on LinkedIn (Opens in a new browser tab) | Southwest Airlines

Southwest Airlines is facing more than $2.3 million in fines after Arizona’s labor department determined the airline retaliated against employees for taking paid time off they had earned. Mechanics at Southwest reportedly received warning letters after taking a certain number of days off, an action the state says violates labor laws.

The administrative law judge overseeing the case upheld the fines, siding with 18 employees who claimed they were disciplined for using sick leave. According to Lee Seham, a New York-based attorney representing six of the workers, “the workers were given warning letters after taking their 10th day of paid sick time within 12 months.”

Southwest has rejected the proposed penalties and plans to appeal. The company argues that its leave policy is more generous than what Arizona requires and that disciplining employees only occurs when more than 90 hours of sick leave are used in a year—over twice as much as the state’s protected minimum of 40 hours per year. The airline states that no employees lost wages or were terminated as a result of these actions.

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A spokesperson for Southwest told Simple Flying, “The Administrative Law Judge’s decision penalizes Southwest for providing a more generous leave policy than Arizona state law requires and sets a dangerous precedent that will harm Southwest employees and other employees in Arizona. This decision may ultimately force Southwest to reduce our generous leave policy and eliminate the flexibility provided to employees.”

Legal documents indicate that disciplinary measures began around November 2022, marking what union officials called “an abrupt change” from previous practices. The Aircraft Mechanics Fraternal Association (AMFA) reported that warning letters counted legitimate illness or injury absences toward thresholds triggering discipline.

Attorney Lee Seham emphasized the demands placed on mechanics’ jobs, stating, “they don’t call in sick unless they are really, terribly ill.” He noted that fines are increasing by about $18,000 each week while the issue remains unresolved.

Arizona’s labor department maintains that Southwest is subject to the Fair Wages and Healthy Families Act—a voter-approved measure from 2016 requiring employers to provide paid sick leave and prohibiting retaliation against those who use it.

Southwest Airlines operates as a low-cost carrier with major hubs including Phoenix Sky Harbor International Airport and Tucson International Airport in Arizona. The airline contends its bargaining agreement with unions follows federal labor laws, which it believes should override many state-level regulations.

Last year, Southwest also faced legal action from Oakland over alleged labor law violations.

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