NOTICE OF CLASS ACTION SETTLEMENT
Case No. 3:22-cv-00081-AMO
U.S. District Court, N.D. Cal.
TO: All persons employed by Delta Air Lines, Inc. ("Delta" or "Defendant") in non-exempt positions in California from December 3, 2017 through November 8, 2024 ("Class Period"), except flight attendants, pilots, and those persons who participated in Delta's Enhanced Retirement or Voluntary Opt-Out Programs in 2020 and who did not thereafter work for Delta in a non-exempt position in California during the Class Period.
The Court has certified, for settlement purposes, the following class (the "Class"):
"All persons employed by Delta 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 thereafter work for Delta in a non-exempt position in California during the Class Period."
According to the records of Defendant, you are a member of the Class ("Class Member").
A proposed settlement (the "Settlement") has been reached in a class action lawsuit in Toledo v. Delta Air Lines, Inc., U.S. District Court, N.D. Cal., Case No. 3:22-cv-00081-AMO (the "Action"). The purpose of this Notice of Settlement ("Notice") is to describe the case and to inform you of your rights and options in connection with the Action and the proposed Settlement. The proposed Settlement will resolve all claims in the Action.
Important: A hearing concerning the fairness of the Settlement will be held before the Hon. Araceli Martinez-Olguin on February 26, 2026, at 2:00 p.m., at the following address: San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, Courtroom 10, 19th Floor, to determine, among other things, whether the Court should grant final approval to the proposed Settlement.
The date and time of the Final Fairness Hearing may change without further notice to the Class. Updated information regarding the date and time of the hearing will be posted on the case website at https://toledo-v-delta-air-lines.phoenixcases.com/
AS A CLASS MEMBER, YOU ARE ELIGIBLE TO RECEIVE A PAYMENT UNDER THE SETTLEMENT AND WILL BE BOUND BY THE RELEASE OF CLAIMS DESCRIBED IN THIS NOTICE, UNLESS YOU REQUEST TO BE EXCLUDED FROM THE SETTLEMENT, AS EXPLAINED BELOW.
Plaintiff has brought this Action on behalf of himself, other allegedly aggrieved employees and as proxy for the State of California, and the following individuals: all current and former non-exempt employees of Defendant in California from December 3, 2017 to November 8, 2024.
The Action alleges various wage and hour claims against Defendant, including claims for:
- Failure to provide meal/rest periods
- Failure to pay wages
- Failure to reimburse business expenses
- Failure to provide accurate written wage statements
- Failure to timely pay all final wages
- Unfair business practices under California Bus. & Prof. Code §§ 17200-17208
- Civil penalties under Labor Code §§ 2699 et seq.
The Action asserts claims for unpaid wages, statutory penalties, civil penalties under the California Labor Code Private Attorneys General Act ("PAGA"), restitution, interest, attorneys' fees, and costs.
Defendant believes that it has strong legal and factual defenses to these claims, but it recognizes the risks, distractions, and costs associated with litigation. Delta agreed to settle this lawsuit to avoid these issues and because Delta believes it is in the best interests of the Company to put the matter behind us. The settlement means Delta does not have to keep spending time and legal fees on defending the lawsuit and can continue to focus on its business objectives.
This Settlement is the result of good faith, arm's length negotiations between Plaintiff and Defendant, through their respective attorneys. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. The Settlement is a compromise and is not an admission of liability on the part of Defendant.
The attorneys for the Class Representative in the Action ("Class Counsel") are:
SETAREH LAW GROUP
Shaun Setareh, Bar No. 204514
shaun@setarehlaw.com
Thomas Segal, Bar No. 222791
thomas@setarehlaw.com
420 N Camden Drive, Suite 100
Beverly Hills, CA 90210
Tel: +1.310.888.7771
Fax: +1.310.888.0109
The attorneys for Defendant are:
Carrie S. Gonell, SBN 257163
carrie.gonell@morganlewis.com
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Tel: +1.714.830.0600
Fax: +1.714.830.0700
Andrew P. Frederick, SBN 284832
andrew.frederick@morganlewis.com
Nicole L. Antonopoulos, SBN 306882
nicole.antonopoulos@morganlewis.com
1400 Page Mill Road
Palo Alto, CA 94304
Tel: +1.650.843.4000
Fax: +1.650.843.4001
Subject to final Court approval, Defendant will pay $12,000,000 (the "Maximum Settlement Amount") for:
- (a) settlement payments to Class Members;
- (b) the Court-approved service payment to the Class Representative;
- (c) the Court-approved Class Counsel's fees and costs;
- (d) the costs of administering the Settlement;
- (e) the payments to the California Labor Workforce Development Agency ("LWDA") and PAGA Members to settle claims alleged under PAGA (the "PAGA Allocation"); and
- (f) all taxes except for Defendant's share of payroll taxes on settlement payments to Class Members.
Class Members' Settlement Payments. After deductions from the Maximum Settlement Amount for the service payment to the Class Representative, attorneys' fees and costs, the costs of administering the Settlement, the payment for the PAGA Allocation, and all taxes except for Defendant's share of payroll taxes on settlement payments to Class Members, there will be a Net Settlement Amount. From this Net Settlement Amount, Defendant will make a payment ("Settlement Payment") to each Class Member who does not opt out of the Settlement Class as follows: Class Member distributions shall be divided among all Class Members on a pro rata basis, based on the ratio of the number of weeks worked by each Class Member from December 3, 2017, through November 8, 2024, to the total number of weeks worked by all Class Members during this same time period. Any payments which are not cashed shall be paid as a cy pres award to agreed-upon charitable organization(s).
For tax reporting purposes, Settlement Payments to Class Members will be allocated as one-third (1/3) as wages and two-thirds (2/3) as interest and penalties. None of the Parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. Class Members should consult with their own tax advisors concerning the tax consequences of the Settlement. Class Counsel is unable to offer advice concerning the state or federal tax consequences of payments to any Class Member.
If this Notice mailed to a Class Member is returned as undeliverable, and if the Settlement Administrator cannot locate a valid address for the Class Member with reasonable efforts, that Class Member will not be mailed a check, and the money that would have gone to that Class Member will be paid as a cy pres award to agreed-upon charitable organization(s).
PAGA Allocation to PAGA Members and LWDA. PAGA Members means all persons employed by Defendant as non-exempt employees in California at any time from June 8, 2020, through November 8, 2024, but excluding flight attendants and pilots. A total amount of $600,000.00 from the Maximum Settlement Amount will be allocated as the PAGA Allocation to be paid as penalties under PAGA, of which seventy-five percent (75%), or $450,000.00, will be distributed to the LWDA and the remaining twenty-five (25%), or $150,000.00, will be distributed to the PAGA Members. The payment for the PAGA Allocation to each PAGA Member will be made as follows: PAGA Member distributions shall be divided among all PAGA Members on a pro rata basis, based on the ratio of the number of pay periods between June 8, 2020 through November 8, 2024, in which a PAGA Member worked for Defendant as a non-exempt employee in California to the total number of pay periods for all PAGA Members during this same time period.
For tax reporting purposes, Settlement Payments to PAGA Members will be allocated as one hundred percent (100%) penalties. None of the Parties or attorneys makes any representations concerning the tax consequences of this Settlement or your participation in it. PAGA Members should consult with their own tax advisors concerning the tax consequences of the Settlement. Class Counsel is unable to offer advice concerning the state or federal tax consequences of payments to any PAGA Member.
Class Counsel Attorneys' Fees and Costs, Class Representative Service Payment, and Administrative Costs. Class Counsel will ask the Court to award attorneys' fees up to 33-1/3% of the Gross Settlement Amount, and reasonable litigation costs. In addition, Class Counsel will ask the Court to authorize a service payment of up to $10,000 for Class Representative Toledo in addition to Class Representative Toledo's portion of the Net Settlement Amount. The Parties estimate the cost of administering the Settlement will not be higher than $29,000.
The settlement covers all workweeks from December 3, 2017, through November 8, 2024, in which a Class Member worked for Delta as a non-exempt employee in California. According to Delta's records, you worked as a non-exempt employee in California for approximately ___ workweeks during the Class Period. Accordingly, the approximate amount of your Individual Settlement Share is: $___________. This is an estimated amount, and the final amount may change—i.e., the final amount could be higher or lower.
The PAGA portion of the settlement covers all pay periods from June 8, 2020, through November 8, 2024, in which a PAGA Member worked for Delta as a non-exempt employee in California. According to Delta's records, you worked as a non-exempt employee in California for approximately ___ pay periods during the PAGA Period. If you are a PAGA Member, your estimated recovery for the Individual PAGA Payment of the settlement is: $___________. This is an estimated amount, and the final amount may change—i.e., the final amount could be higher or lower.
Release by Class Members
Upon the Effective Date of the Settlement, Plaintiff and each member of the Settlement Class shall be deemed to have fully, finally, and forever released the Releasees from all Released Class Claims arising from December 3, 2017, through November 8, 2024. "Settlement Class" shall mean all Class Members who do not timely submit a timely and valid Opt-Out Request that is received by the Settlement Administrator. "Releasees" shall mean Defendant and each of its past, present and/or future, direct and/or indirect, officers, directors, managers, employees, agents, representatives, attorneys, insurers, partners, investors, shareholders, members, administrators, parent companies, subsidiaries, affiliates, divisions, predecessors, successors, and/or assigns, in their personal, individual, official, and/or corporate capacities.
"Released Class Claims" means any and all claims, obligations, demands, rights, causes of action, and liabilities that have been asserted or that reasonably could have been asserted in the Complaint, and any amendments thereto, based on the facts and/or allegations pled therein, arising during the period of time from December 3, 2017 through November 8, 2024. "Released Class Claims" include, but are not limited to, claims for the failure to provide compliant meal periods and associated premium pay, failure to provide compliant rest periods and associated premium pay, failure to pay wages, including minimum wages, straight time wages, overtime wages, wages for vested vacation time, sick pay, and premium pay, failure to include all renumeration into the calculation of the regular rate of pay, failure to provide accurate, itemized wage statements, failure to timely pay wages during employment, failure to timely pay wages upon termination of employment, failure to maintain requisite payroll records, failure to reimburse for necessary business-related expenses, unfair or unlawful business practices pursuant to California Business and Professions Code §§ 17200, et seq. and 17203, any violation of the California Labor Code, including, but not limited to, California Labor Code sections 201, 202, 203, 204, 210, 215, 216, 218.6, 223, 225, 225.5, 226, 226(a), 226.7, 227.3, 246, 256, 510, 512, 516, 553, 558, 1174, 1174.5, 1175, 1182, 1194, 1194.2, 1197, 1197.1, 1198, 1199, and 2802, any violation of the Industrial Welfare Commission Wage Orders, including, but not limited to, Industrial Welfare Commission Wage Order 9-2001, any violations of local, city, and/or county laws, and/or any violations of the FLSA, including, but not limited to, 29 U.S.C. § 207 and associated regulations, including, but not limited to, 29 C.F.R. §§ 778.108, 778.109, and 778.208.
Release by PAGA Members
Upon the Effective Date of the Settlement, all PAGA Members and the State of California on behalf of all PAGA Members shall be deemed to have fully, finally, and forever released the Releasees from the Released PAGA Claims arising from June 8, 2020 through November 8, 2024. All PAGA Members shall be bound by the release as to any Released PAGA Claims even if they have opted out of the Settlement Class. "Releasees" shall mean Defendant and each of its past, present and/or future, direct and/or indirect, officers, directors, managers, employees, agents, representatives, attorneys, insurers, partners, investors, shareholders, members, administrators, parent companies, subsidiaries, affiliates, divisions, predecessors, successors, and/or assigns, in their personal, individual, official, and/or corporate capacities.
"Released PAGA Claims" means all claims for civil penalties under PAGA that have been asserted or that reasonably could have been asserted in the Complaint, the LWDA Notice, and any amendments thereto, based on the facts and/or allegations pled therein, arising from June 8, 2020, through November 8, 2024. Released PAGA Claims include, but are not limited to, claims for the failure to provide compliant meal periods and associated premium pay, failure to provide compliant rest periods and associated premium pay, failure to pay wages, including minimum wages, straight time wages, overtime wages, wages for vested vacation time, sick pay, and premium pay, failure to include all renumeration into the calculation of the regular rate of pay, failure to provide compliant wage statements, failure to timely pay wages during employment, failure to timely pay wages upon termination of employment, failure to maintain requisite payroll records, failure to reimburse for necessary business-related expenses, any violation of the California Labor Code based on the aforementioned, including, but not limited to, California Labor Code sections 201, 202, 203, 204, 210, 215, 216, 218.6, 223, 225, 225.5, 226, 226(a), 226.7, 227.3, 246, 256, 510, 512, 516, 553, 558, 1174, 1174.5, 1175, 1182, 1194, 1194.2, 1197, 1197.1, 1198, 1199, and 2802, and any violation of the Industrial Welfare Commission Wage Orders, including, but not limited to, Industrial Welfare Commission Wage Order 9-2001.
YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT
DO NOTHING: If you do nothing, you will automatically receive your share of the settlement if the Settlement receives final approval by the Court and will be bound by the terms of the Settlement and releases described in this Notice.
EXCLUDE YOURSELF: If you do not wish to receive money from the Settlement as a Class Member and wish to retain your rights to pursue the non-PAGA claims at issue in this lawsuit, you may submit a written Request for Exclusion to the Settlement Administrator, postmarked no later than November 24, 2025.
The written Request for Exclusion must include: (a) the Class Member's name; (b) a statement that the Class Member desires to exclude himself or herself from the case; and (c) the last four digits of the Class Member's social security number. If you submit a timely and valid Request for Exclusion, you will no longer be a Class Member, and you will not be eligible to receive any of the Class Member benefits under the Settlement or object to the terms of the Settlement. You will not be bound by any of the non-PAGA terms of the Settlement, and you will not release any of your non-PAGA legal claims against Delta.
NOTE: If you are a PAGA Member, as defined above, you cannot opt out of the PAGA Member group, even if you opt out of the Settlement as a Class Member. If the Settlement is approved, you will receive a check for your allocation of the PAGA portion of the Settlement, and you will be bound by the PAGA portion of the release whether you cash the check or not.
Requests for Exclusion that do not include all required information or that are not timely submitted are ineffective. If you do not submit a valid and timely Request for Exclusion on or before November 24, 2025, and if the Court grants final approval of the settlement, you will be bound by the Settlement and its releases of the Released Class Claims and you will be considered a Class Member for settlement distribution purposes.
OBJECT: You can ask the Court to deny approval by filing an objection. This option is available only if you do not exclude yourself from the Settlement as a Class Member. All PAGA Members will be bound by the Released PAGA Claims and may not object to the Settlement as to the Released PAGA Claims.
You can't ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue.
Any objection to the proposed Settlement must be in writing and sent only to the Court. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Toledo v. Delta Air Lines, Inc. Case No. 3:22-cv-00081-AMO), (b) be submitted to the Court either by filing them electronically or in person at any location of the United States District Court for the Northern District of California or by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, and (c) be filed or postmarked on or before November 24, 2025. Failure to send timely written objections in this manner will not foreclose a Class Member's right to have their objection heard at the Final Approval Hearing.
If you do not object in the manner described above, you shall be deemed to have waived any objections to the proposed Settlement, including its fairness or adequacy, the payment of attorneys' fees or litigation costs to Class Counsel, the Service Enhancement award to Plaintiff, and any and all other aspects of the Settlement.
PARTICIPATE IN THE FINAL APPROVAL HEARING: The Court's Final Approval Hearing is scheduled to take place on February 26, 2026, at 2:00 p.m. You don't have to attend but you do have the right to appear in person (or hire an attorney to appear on your behalf at your own cost). Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. Any Class Member seeking to speak at the Final Approval Hearing, whether in-person or virtually, shall file a Notice of Intent to Appear by February 6, 2026, in accordance with the Notice.
CHALLENGE THE CALCULATION OF YOUR WORKWEEKS/PAY PERIODS: The amount of your Individual Settlement Share and Individual PAGA Payment (if any) depend on how many workweeks you worked during the Class Period and how many pay periods you worked during the PAGA Period, respectively. You have the right to challenge your workweeks and pay periods as stated on the third page of this Notice. If you disagree with either of these numbers, you must challenge it by November 24, 2025.
Settlement payments only will be issued if the Court grants final approval of the Settlement.
The Court will hold a Final Approval Hearing on the fairness and adequacy of the proposed Settlement, the plan of distribution, Class Counsel's request for attorneys' fees and costs, the PAGA Allocation, the settlement administration costs, and the service payment to the Class Representative on February 26, 2026, at 2:00 p.m., in Courtroom 10, 19th Floor of the United States District Court, Northern District of California, located at the 450 Golden Gate Avenue, San Francisco, CA 94102.
The Final Approval Hearing may be continued without further notice to Class Members. You are not required to attend the Final Approval Hearing to receive a share of the Settlement.
This Notice summarizes the proposed settlement. For the precise terms of the settlement, please see the settlement agreement available at:
- Website: https://toledo-v-delta-air-lines.phoenixcases.com/
- Settlement Administrator toll-free: (800) 523-5773
- Contacting class counsel at the address listed above
- Accessing the Court docket in this case, for a fee, through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov
- Visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
If you received this Notice at an address other than the address shown on the Notice, or if your address changes, please promptly contact the Settlement Administrator toll-free at (800) 523-5773. This will ensure that you receive further notices about this settlement, and that you receive your Settlement Payment if the settlement is approved by the Court.
PLEASE DO NOT CALL OR WRITE THE COURT OR THE ATTORNEYS FOR THE DEFENDANT ABOUT THIS NOTICE
BY ORDER OF THE U.S. DISTRICT COURT