Monique Olivier

Olivier is representing more than 1,400 current and former flight attendants in a wage and hour class action against airline Virgin America Inc.

In November, U.S. District Judge Jon S. Tigar in San Francisco certified the class of flight attendants in a major boon for plaintiffs. Bernstein v. Virgin America Inc., 15-cv-02277 (N.D. Cal., filed March 18, 2015).

Tigar also largely rejected Virgin’s summary judgment motions in January.

Burlingame-based Virgin relies on a company policy of paying attendants when a plane is in the air, according to the plaintiffs. The class alleges that the airline’s policy shortchanges compensation for pre-flight activities, such as safety briefings and passenger boarding and deplaning.

“We think it’s clear that flight attendants have to be compensated for their on-duty time,” Olivier said. “They more or less don’t get paid for their non-flight time. We want the court to permit flight attendants to get paid for their on-duty time not spent in flight.”

Plaintiffs further alleged that Virgin failed to provide meal and rest breaks as required by California labor laws. The litigants are undergoing discovery in preparation for a trial scheduled next year.

Virgin America was acquired by Alaska Air Group Inc. in December.

Olivier is also representing a class of more than 300 employees in litigation against internet service provider Cogent Communications Inc.

Washington, D.C.-based Cogent allegedly withheld overtime pay and relevant information about California’s labor laws from California employees, the class action claimed.

In June, U.S. District Judge Richard Seeborg in San Francisco granted preliminary approval of a $3 million settlement between the class and the internet service provider. Ambrosio v. Cogent Communications Inc., 14-2182 (N.D. Cal., filed May 12, 2014).

The settlement includes up to $1 million for class counsel and $2,500 service awards for 13 class representatives. The average payout for a class member will be $6,000.

— Kevin Lee