On March 18, 2015, Kosinski and Thiagaraj, LLP, along with its co-counsel Monique Olivier (Olivier Schreiber & Chao LLP), filed a class action lawsuit against Virgin America seeking unpaid minimum and overtime wages. The lawsuit is brought on behalf of all Virgin America flight attendants who were employed by Virgin America since 2011. The case is Bernstein et. al. v. Virgin America, Inc. (Case No. 15-CV-02277-JST).
The lawsuit, which was brought by two former and one current Virgin America flight attendants, alleges that Virgin America is violating California labor laws by not paying flight attendants for all hours worked (as opposed to just hours in flight), not paying overtime, not providing meal and rest breaks, and not providing accurate wage statements.
In November 2016, the Court ordered that the class could proceed as a class action. Click here to read a copy of that order.
Court-approved notice of this lawsuit was sent to Class members in April 2017 to explain the lawsuit and their rights. More information about this notice is available here.
In July 2018, the Court issued a series of findings that Virgin America did in fact fail to pay its flight attendants for thousands of hours worked. The Court then awarded the class of flight attendants a total judgment of over $77 million for these violations. Click here to read a copy of the Court's order. Enforcement of this judgment has been stayed while Virgin appeals this case to the U.S. Court of Appeals for the Ninth Circuit.