What happened
Colorado’s labor department originally assessed a $1.331 million Healthy Families and Workplaces Act (HFWA) penalty after finding widespread underpayment of sick leave to Southwest flight attendants. The August 2023 settlement cut the fine by roughly 90 percent and agreed that unionized crews working under certain collective bargaining agreements would be treated as exempt from HFWA so long as the CBA promised comparable protections.
Key settlement terms
- Southwest paid about one-tenth of the initial HFWA penalty and avoided an admission of wrongdoing.
- The Colorado Department of Labor and Employment (CDLE) agreed not to investigate certain HFWA complaints filed by unionized employees who fall under qualifying CBAs.
- Unionized flight attendants were effectively carved out of HFWA enforcement unless their CBA lacked equal or better sick-leave protections.
- The state preserved the right to resume investigations if Southwest or a union fails to honor the settlement terms.
Why it matters for crews
The settlement created uncertainty about which protections apply when a collective bargaining agreement intersects with state sick-leave laws. For flight attendants facing attendance investigations, this carve-out can influence whether CDLE pursues their complaints or tells them to rely on CBA grievance procedures instead.
Need context?
Follow every appeal, lawsuit, and settlement on the HFWA vs. airlines timeline to see how this deal connects to the TWU lawsuit and the United withdrawal.
What to do if you are told HFWA does not apply
- Request the exact CBA section or written settlement clause the company is relying on.
- Ask whether CDLE declined jurisdiction and, if so, request that response in writing.
- Preserve all attendance records and immediately consult the HFWA airline rights guide.
- Contact one of the attorneys familiar with HFWA litigation if discipline is tied to allegedly unprotected sick leave.