Jury Duty, Military Leave, and Employer Obligations

In this episode, we dive into the record-breaking $18.5 million Huntsman v. Southwest Airlines settlement, the largest USERRA class action recovery ever reported, and what it means for employers. From policy audits to training and risk management, learn how proactive measures can help avoid costly litigation while supporting employees who serve.

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• Soaring to Service: $18.5M USERRA Settlement and HR Takeaways – What HR Needs to Know About Military Leave Pay

About the authors

• Andreas Mosby
• Martha J. Zackin

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

Host 1:

Welcome back to Womble Perspectives! Today we’re talking about a recent development in employment law: the Huntsman v. Southwest Airlines settlement. This case resulted in an $18.5 million payout, the largest USERRA class action recovery ever reported.

Host 2:

That’s huge. And it’s not just about the money, it’s about what this means for employers going forward. Under the settlement, Southwest will give employees up to 10 paid days of short-term military leave per year from 2026 through 2030. 

Host 1:

So why is this such a game-changer? Courts across multiple circuits—the Seventh, Third, and Ninth—now agree: if you pay for jury duty or bereavement leave, you have to treat short-term military leave the same way. And this isn’t just an airline issue. Retail and logistics companies have faced multimillion-dollar settlements too.

Host 2:

Right, and that brings us to USERRA—the Uniformed Services Employment and Reemployment Rights Act. It’s a federal law that guarantees job protections for employees who serve in the U.S. uniformed services. It applies to almost every employer, regardless of size, and covers reinstatement rights, health coverage continuation, and pension protections.

Host 1:

Here’s the key point: USERRA doesn’t require paid military leave. But if you pay for comparable short-term absences—like jury duty or bereavement—you may have to pay for military leave too. Courts use a comparability test based on three factors: duration, purpose, and employee control over timing. Duration is the most important.

Host 2:

And recent appellate decisions make it clear that how often employees take different types of leave doesn’t control the analysis. So even if military leave happens more often than jury duty, that doesn’t matter. What matters is whether the leaves are comparable per instance.

Host 1:

So what should employers do? First, audit your policies. Inventory all paid short-term leave categories and see if military leave is excluded. Document your comparability analysis—duration, purpose, and control—so you can defend your decisions if challenged.

Host 2:

Second, update your policies. Consider adopting a formal paid military leave policy. Southwest’s 10-day model is a great benchmark. And don’t forget to clarify reemployment rights and benefits continuation in your handbook.

Host 1:

Third, train your HR teams and managers on USERRA requirements. Use resources from the Department of Labor and ESGR. And make sure the process for requesting military leave is as simple as jury duty or bereavement. Courts look closely at unequal processes.

Host 2:

Finally, manage your risk. Monitor developments, address complaints promptly, and remember that retaliation is prohibited under USERRA. Ignoring these issues can lead to multimillion-dollar settlements, and no one wants that.

Host 1:

Right. Equal pay for equal leave is becoming the norm. Proactive compliance not only reduces litigation risk but also shows genuine support for employees who serve. 

Host 2:

Absolutely. Thanks for joining us today on Womble Perspectives. If you found today’s episode informative, don’t forget to subscribe to our podcast.

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