Lawsuit Says Delta Air Lines Failed to Reimburse California Employees for Work-Related Cell Phone, Computer Use

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A proposed representative complaint alleges Delta Air Lines has unlawfully required certain California employees to use their personal cell phones and computers for work-related tasks without reimbursing them for the associated costs.

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The seven-page lawsuit claims the airline violated California’s Labor Code, which stipulates that an employer must compensate employees “for all necessary expenditures or losses” they incurred while performing work duties.

The plaintiff, a former Delta employee, says the company required him and other hourly, non-exempt workers in California to check the status of flights that needed cargo delivered, request time off, check vacation balances and respond to emails using their personal devices.

According to the case, the airline consistently failed to properly reimburse these workers for this business expense.

In this case, the plaintiff brings his claims through a Private Attorneys General Act (PAGA) lawsuit—a type of legal proceeding that allows an aggrieved employee to file a representative action over alleged California Labor Code violations. A PAGA lawsuit is different from a class action since the plaintiff does not have to satisfy all of the latter’s typical requirements.

Under the state’s Labor Code, each affected employee may be entitled to $100 for the first violation per pay period and $200 for each subsequent violation per pay period, the filing shares.

“These penalties will be allocated 75% to the Labor & Workforce Development Agency and 25% to the affected employees,” the complaint notes.

The lawsuit looks to represent any current or former hourly Delta Air Lines employee in California who worked one or more pay periods since November 16, 2022.

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