Smith & Ortega Employment Law
Employment & leave rights • Denver metro • Free 30-min consult for crew referred by FALDF.
FMLA/FAMLIRetaliationWrongful terminationContingency
Nonprofit • 501(c)(3) Pending
Legal support for aviation employees—when it matters most.
Flight Attendant Legal Defense Fund removes cost barriers so Colorado-based aviation employees can assert their Colorado FAMLI and workplace rights. We fund essential case costs (court filing fees, records, transcripts, mediation, expert reports), pay providers directly, and publish plain-language guides so people can act quickly and safely.
Counsel match
risk-sharing panel
$5,000–$7,500
retainer bridge
Reimbursed first
from awards
We fund case costs and, when contingency isn’t available, a retainer bridge ($5,000–$7,500 typical; up to $10,000 with board approval). We pay providers directly and seek reimbursement first from any fee/cost award or recovery. Merits-screened; not every application is funded.
We remove cost barriers so Colorado-based aviation employees can assert their Colorado FAMLI rights. We fund case costs and, when contingency isn’t available, a retainer bridge ($5,000–$7,500 typical; up to $10,000 with board approval). We pay providers directly and prioritize merits-strong, time-sensitive cases; if there’s a cost/fee award or recovery, the fund is reimbursed first.
Our Mission
The Flight Attendant Legal Defense Fund (FALDF) exists to remove cost barriers so Colorado-based aviation employees can exercise their Colorado Family and Medical Leave Insurance (FAMLI) and related workplace rights. We focus on the case costs that block people from pursuing valid claims—court filing fees, medical and employment records, deposition transcripts, mediators, and independent experts. We pay providers directly and publish plain-language guides so people can act quickly, safely, and with confidence.
Case costs onlyNo attorney feesColorado aviation employees firstColorado FAMLI72-hour triageProviders paid directly
We’re launching in Colorado with a Colorado FAMLI focus and will expand as funding and volunteer capacity grow. Our long-term goal is to support crew nationwide on federal FMLA and related state programs while keeping our costs-only model and education at the center.
- Phase 1: Colorado-based aviation employees • Colorado FAMLI.
- Phase 2: Additional bases in Colorado & neighboring states; multi-carrier coordination.
- Phase 3: National network for FMLA/state programs with vetted partner attorneys.
How funding works
- Applicants complete an intake and provide documentation.
- Cases are triaged quickly; urgent matters may be expedited.
- We fund case costs (filing fees, records, transcripts, mediation, expert reports).
- When contingency isn’t available, we may provide a retainer bridge — $5,000–$7,500 typical, up to $10,000 with board approval.
- Funds are released in milestones (e.g., demand → mediation → depositions) and paid directly to providers; no cash to individuals.
- If costs/fees are awarded or there is a recovery, the fund is reimbursed first.
- We don’t earmark grants by airline or base; we publish quarterly transparency reports.
- Solidarity Give‑Back (standard pledge): before funds are released, recipients affirm in the grant letter (grant agreement) that they will set aside up to 10% of their net recovery (after attorney fees) to help the next case. Because some matters end with no recovery (about 30%), this pledge sustains the fund for future applicants. If honoring the pledge isn’t feasible due to hardship, we’ll review at the beginning of the case during intake and grant signing.
Apply for Assistance
We prioritize urgent deadlines, safety risks, retaliation, unlawful termination/discipline, and cases with broad impact. Grants are paid directly to legal providers; we do not provide financial support to individuals.
- Eligibility: currently or formerly employed aviation employees based in Colorado (any carrier).
- Geography: Colorado-based cases (expansion planned).
- Conflict-free review; union membership not required.
Donate
Your gift funds direct legal aid for Colorado-based aviation employees (any carrier) using Colorado FAMLI. We publish quarterly reports detailing allocations, outcomes, and any remaining balances.
Solidarity Give‑Back. Before any funds are released, recipients make a pledge—memorialized in the grant letter (grant agreement)—to set aside up to 10% of their net recovery if their matter results in a recovery, in order to replenish the fund. Because a portion of cases end with no recovery (about 30%), this practice helps sustain future applicants. If honoring the pledge isn’t feasible, we review at the beginning of the case during intake and grant signing.
Partner Attorneys (Free Consultations)
Attorney? Join our network →These independent law firms participate in our risk-sharing panel. They provide no-cost initial consultations to Colorado-based aviation employees referred by FALDF and commonly use contingency or hybrid fee structures. When contingency isn’t available, the fund may offer a small retainer bridge and is reimbursed first from any cost/fee award or recovery. Availability varies; scheduling is subject to each firm’s capacity. We are building a broader national panel as we expand to FMLA and other state programs.
Carver Legal Clinic
Low-bono consults • Documentation review • Demand letters • Free consults weekly (by appt).
Evidence reviewDemand lettersMediationContingency
Front Range Labor & Leave
Leave compliance & interference claims • Union-agnostic • Free 20-min triage call.
InterferenceDiscipline after leaveAppealsContingency
FALDF is not a law firm and does not provide legal advice. Referrals are offered as a convenience without endorsement or guarantee of outcome.
Rapid Response
Triage within 72 hours; urgent matters expedited same-day when possible.
Transparent Funding
Quarterly reports detail grants, providers, and anonymized outcomes.
Systemic Change
We support impact litigation and education to prevent future harm.
News & Research
Submit a tip →This section curates current reporting and official guidance specifically for airline and airport employees—covering FAMLI/FMLA eligibility for flight crew, retaliation and discipline after leave, and recent enforcement actions and cases.
Official DOL guidance explaining special eligibility and hours-of-service rules for airline flight crew employees under the FMLA (Fact Sheet #28J).
FMLAAirline Flight CrewEligibility
Source: U.S. Department of Labor
Wage and Hour Division said it is reviewing reports about United’s requirement for doctor’s notes for certain absences to ensure compliance with federal worker protection laws, including the FMLA.
FMLAEnforcementUnited
Source: U.S. Department of Labor
Flight attendant union post noting the DOL review of United’s attendance policy and implications for crew members seeking protected leave.
FMLAUnitedUnion
Source: AFA‑CWA
Federal case in New Jersey involving a veteran flight attendant alleging FMLA interference and retaliation; docket reflects filings through Oct. 2025.
FMLALitigationUnited
Source: CourtListener (docket)
Passenger-carrier employees allege Southwest’s attendance rules deter FMLA usage; plaintiffs seek class certification.
FMLAClass ActionSouthwest
Source: Aroz Law
State lawmakers advanced a bill to expand Colorado’s paid family and medical leave program so parents with infants in NICU can receive up to 12 additional weeks of benefits.
FAMLIColoradoNICULegislation
Source: Colorado Newsline
Explains the NICU expansion proposal and who qualifies, plus how it would change benefit duration under FAMLI.
FAMLINICUPolicy
Source: Axios Denver
Colorado Expands FAMLI to Cover NICU StaysJun 16, 2025
Employer‑facing briefing on SB25‑091 expanding paid leave for neonatal intensive care stays, including effective dates and compliance steps.
FAMLIComplianceEmployers
Source: Littler Mendelson
The state auditor criticized financial oversight at Colorado’s labor department, including the FAMLI program, and directed corrective steps.
FAMLIAuditAdministration
Source: Colorado Public Radio
Explains the new 2025 maximum weekly benefit ($1,324.21) and how claims crossing calendar years are handled.
FAMLIBenefitsAmounts
Source: ShelterPoint Blog
Early data show who is using paid family and medical leave, how benefits work, and common scenarios.
FAMLIProgram data
Source: The Colorado Trust — Collective Colorado
Local report on a Denver worker who says he was terminated after his employer was notified of his Colorado FAMLI benefits; highlights alleged retaliation and ongoing scrutiny of leave-related firings.
FAMLIRetaliationColorado
Source: SFL Media
FAQ
Are you a 501(c)(3)?
We operate as a nonprofit with 501(c)(3) recognition in process. Gifts are treated as tax-deductible to the extent allowed; a formal receipt will be provided.
Do you replace a union or employer?
No. We complement existing resources by funding independent legal counsel and education.
How are cases approved?
A conflict-screened committee reviews need, merits, urgency, and potential impact. Funds are paid to providers directly.
What’s the typical grant size?
Typical awards: $1,000–$5,000 depending on urgency and scope. Current cap is $30,000 (costs + any bridge). Larger awards may be considered with restricted funds.
Do you pay attorney fees?
Primarily we fund case costs (filing fees, records, transcripts, mediation, experts). When contingency is not available, we may provide a small, capped starter retainer as a pilot to secure counsel. Attorney fee arrangements are between client and counsel.
What is the retainer bridge?
When a strong case cannot proceed on contingency, we can fund a starter retainer so counsel will take the matter. Typical range is $5,000–$7,500 and may be approved up to $10,000 in exceptional circumstances. The bridge is paid to counsel for work necessary to advance the case and is reimbursed to the fund first from any cost/fee award or recovery.
How does reimbursement work?
If a court awards costs/fees or there is a settlement or judgment, the fund is reimbursed for funded amounts first, then standard fee arrangements apply. If there is no recovery and no cost award, grants are non-recourse to applicants.
Do recipients have to give a percentage of their settlement back to the fund?
No. We don’t condition aid on a share of anyone’s recovery. Our model includes a Solidarity Give‑Back pledge, signed in the grant letter (grant agreement) before funds are released: when a funded matter leads to a recovery, recipients customarily set aside up to 10% of their net recovery to replenish the fund. Because a portion of cases end with no recovery (about 30%), this practice sustains future applicants. If honoring the pledge isn’t feasible, we review at the beginning of the case during intake and grant signing.