Plaintiff Marvin Toledo in his 2021 class action lawsuit accused Delta of failing to:
- Provide meal and rest breaks,
- Pay wages,
- Reimburse business expenses,
- Provide written wage statements,
- Pay all final wages.
California federal judge Martínez-Olguín denied the first motion for preliminary approval in May. He said the parties needed to explain why the class was expected to cover 5,000 members and that Toledo needed to “provide more fulsome explanation” as to why the class was narrowed to exclude workers employed by staffing agencies or third parties, according to Law360. As well, Toledo had failed to support the request for attorney fees, the PAGA portion of the settlement, his service award and the settlement’s broad release of claims. About a month later, Toledo submitted a renewed motion to approve the settlement, addressing the issues the judge had noted.
In an order granting motion for preliminary approval, the settlement includes all Delta employees in non-exempt positions in California at any time during the Class Period, but excluding flight attendants, pilots, and those persons who participated in Delta’s Enhanced Retirement or Voluntary Opt-Out Programs in 2020 and who did not work for Delta in a non-exempt position in California during the Class Period.
According to Bloomberg Law and plaintiff’s allegations, class members must have experienced one or more of these issues:
- Required to go through security checks before clocking in.
- Work after their shifts ended without compensation.
- Inadequate meal breaks without compensation.
Similar Settlements
Oman, et al. v. Delta Flight Attendants: Flight attendants based in California accused Delta of failing to pay for all time worked (pre/post flights, ground tasks), failed to show all rates and hours on wage statements, and PAGA penalties. The roughly $16 million settlement covered wage statement penalties.
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
False Claims Act / Payroll Support Program Settlement: Delta was accused of violating caps on executive compensation that it agreed to under the PSP (COVID relief program), and inaccurately certified compliance. The U.S. Department of Justice in July 2025 stated that Delta agreed to settle for $8.1 million.
Delta v Flight Attendants: In July 2024 a California federal judge gave the green light to a $16 million settlement between Delta and some of its flight attendants, who accused the airline of wage theft. The Delta wage lawsuit resolved a 2015 lawsuit filed by Delta flight attendants who challenged the airline’s pay practices.
Although the Toledo preliminary approval (above) is a leap forward, final approval is still required after a notice period and final fairness hearing. The Final Approval Hearing is slated to be held on February 26, 2026 in San Francisco court before Judge Araceli Martinez-Olguin.
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