Southwest Airlines faces $1.3 million in fines after Colorado regulators found “systemic violations” of dozens of state labor laws, including sick leave policies for workers with COVID-19.
But the Dallas-based airline, which is Denver International Airport’s second-largest carrier, is firing back through a series of newly filed legal challenges, including a federal lawsuit and a complaint in state court seeking judicial review.
In Southwest’s federal lawsuit, filed Friday in U.S. District Court in Denver, the airline’s attorneys allege the Healthy Families and Workplaces Act “imposes a pervasive and comprehensive paid sick leave scheme on employers.” State investigators say Southwest violated Colorado law in numerous ways, including by refusing to provide COVID-related leave for employees who tested positive for the virus, penalizing employees for taking leave for other medical needs, and failing to provide notice to employees that stated their right to take paid sick leave.
“As with its HFWA violations, expressed no desire to remedy its wage and hour violations, instead defending its illegal provisions, and even attempting to deceive the Division as to its failure to post a current wage and hour rights poster,” state investigators wrote. Southwest also slammed the Healthy Families and Workplaces Act in its federal lawsuit, saying it “imposes significant burdens” on its operations, while alleging that the law violates the U.S Constitution’s regulation of commerce.
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