Refuerzo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RORESTE REFUERZO, Case No. 22-cv-00868-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. 9 Re: Dkt. No. 12 SOUTHWEST AIRLINES CO., Defendant.

12 Before the Court is Defendant’s motion to dismiss. (Dkt. No. 12.) Having carefully considered the parties’ briefs, and having had the benefit of oral argument on May 12, 2022, the Court DENIES the motion. Plaintiff’s claims as framed in the complaint are not preempted by the Railway Labor Act and Plaintiff states claims under the Family and Medical Leave Act and its California counterpart. COMPLAINT ALLEGATIONS Defendant is a major airline. It “assesses ‘points’ for attendance and disciplinary violations” by employees. (Dkt. No. 1 ¶ 13.) “When an employee accumulates 12 points for violating these policies, a committee can approve his or her termination.” (Id.) An employee’s improvement can make up for past violations under Defendant’s Record Improvement policy: “For each calendar Quarter…