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Litigation alert

Union sues Colorado over Southwest sick-leave settlement

Published Aug. 16, 2023 • Source: Law Week Colorado

Read the original article (https://www.lawweekcolorado.com/article/union-sues-over-state-sick-leave-law-settlement-with-southwest/)

Complaint highlights

Transport Workers Union Local 556, which represents Southwest Airlines flight attendants, asked a Denver District Court to throw out the CDLE-Southwest settlement. The union argues the state unlawfully negotiated carve-outs with the airline instead of going through formal rulemaking to change HFWA enforcement standards.

  • The lawsuit claims the settlement effectively rewrote HFWA without legislative approval.
  • Union leaders say the deal undermines crews who rely on HFWA protection against retaliation and attendance points.
  • TWU alleges the agreement lets Southwest dodge state oversight of future sick-leave complaints from unionized employees.

Why the filing matters

Challenging the settlement keeps pressure on Colorado to enforce HFWA even when a collective bargaining agreement is in place. The case could force the state to clarify when a CBA truly provides "equal or greater" protections and whether agencies can sideline union members who report retaliation.

Did you know?

HFWA expressly bars retaliation for using paid sick leave. TWU’s lawsuit argues a private settlement cannot erase that statutory guarantee for any class of workers.

Next steps

Keep watch on motion practice in Denver District Court and parallel union actions. Updates are tracked on the HFWA timeline.

Action items for crews

  • Document every instance where a manager or investigator cites the Southwest settlement to deny HFWA rights.
  • Use the "airline says you were not sick" checklist to collect evidence before discipline escalates.
  • Share details with union safety/leave committees so they can flag new retaliation claims tied to this settlement.
  • Loop in the HFWA-focused attorneys when leave misuse accusations intersect with CDLE carve-outs.