Frequently Asked Questions




1. Why Should You Read This Website?

The purpose of this website is to inform you that the Court has certified a class action lawsuit that may affect you. The lawsuit is entitled, John R. Scholz, III, et al. v. United Airlines, Inc., Case No. 21CIV06029, and it is currently pending before the Honorable Don R. Franchi of the San Mateo County Superior Court. The Notice is also to apprise you of the nature of the lawsuit, to describe who is a member of the certified class, and to explain your legal rights and options. Finally, this website describes how you can request to be excluded if you do not want to be a member of the Class.

Your Legal Rights and Options

Do Nothing and Stay In The Class

If you do nothing, you will stay in the Class.

If you do nothing, you will remain part of the Class, and you will be bound by legal judgments made in the case. You may receive money or other benefits if any come from a trial or settlement. You will give up your right to sue United separately about the same legal claims asserted in this lawsuit.

Exclude Yourself from the Class

Exclude yourself from the Class by opting out.

If you exclude yourself from the Class, you will not be part of the lawsuit. You keep any rights to sue United Airlines, Inc. separately, including suing for the same legal claims in this lawsuit. You will not get any benefits from this lawsuit, even if Plaintiffs win.

To be excluded you must mail a written request to be excluded to the Class Administrator/Provider at the address listed in Section 7. To ask to be excluded from the Class, you must do so no later than February 9, 2026.

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2. What Is This Lawsuit About?

Plaintiffs John Scholz, III and Kevin E. Bybee (“Plaintiffs”) filed a lawsuit to recover wages and penalties on behalf of themselves and other California Technician employees currently employed, or formerly employed, by United Airlines, Inc., in California from November 1, 2017 to the present whom Plaintiffs believe are similarly situated for alleged violations of:

  • Labor Code § 233 (kin care sick leave) and § 234 (retaliation for use of kin care sick leave);

  • Labor Code §§ 2698 et seq., the Public Private Attorney’s General Act of 2004 (“PAGA”);

  • Business & Professions Code §§ 17200 et seq., Unfair Competition Law (“UCL”); and

  • Declaratory Relief.

Specifically, Plaintiffs allege that their employer, United Airlines, Inc., failed to comply with the Labor Code’s kin care and sick leave laws, and engaged in unfair business practices, by improperly auto-designating all sick leave as kin care sick leave whether or not an employee elected to use kin care sick leave until kin care sick leave was exhausted and by disciplining them for the use of accrued and available sick leave, including kin care sick leave. Plaintiffs seek to recover damages and penalties on behalf of the class and, pursuant to the PAGA claim, the class and California’s Labor and Workforce Development Agency (”LWDA”).

United denies Plaintiffs’ allegations. It contends that Technicians’ sick leave benefits are paid through the United Sick Leave Plan, that the Plan is governed by a federal law known as ERISA (not State law), and that the Plan is exempt from California Kin Care law. United further denies that Plaintiffs and the Class are entitled to receive any damages, penalties or other relief from United. This lawsuit is ongoing, and the Court has not yet decided who will win or lose this case.

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3. What Is A Class Action?

In a class action, one or more persons called “Class Representatives,” in this case John R. Scholz, III and Kevin E. Bybee, sue on behalf of other persons who have similar claims. These persons together are a “Class” or “Class Members.”

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4. Who Is Included In The Class?

The Court has certified the following Class: All Technician employees of United Airlines, Inc., who are currently employed, or were formerly employed, by United Airlines, Inc., in California as Technicians and were subject to United’s sick leave and attendance policies at any time since November 5, 2017.

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5. Why Am I Receiving The Notice?

Based on United’s records, you have been identified as a current or former Technician employee of United during the relevant time period and therefore, you may be a Class Member.

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6. How Do You Remain A Class Member?

If you are a member of the Class, you are not required to do anything to remain a Class Member. If you remain a Class Member, you will be legally bound by the rulings of the Court. Class Members will be notified how to claim their share of a monetary award if Class Counsel prevails. If you remain in the Class, you may not pursue a lawsuit on your own against the Defendant for legal claims that are the subject of this lawsuit. By remaining in the Class, you will be represented by Class Counsel.

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7. How Do You Request Exclusion From This Class Action?

If you do not wish to be a Class Member, and therefore want to be excluded, otherwise referred to as “opting-out,” you must make this request in writing. You will not be legally bound by any judgments or orders the Court makes in this lawsuit. If you exclude yourself from the Class, you will not get any money or other benefits from this lawsuit even if the Plaintiffs win at trial or settle the case. However, you may be able to sue United in a separate action for the same claims asserted in this lawsuit. If you bring your own lawsuit against United after you exclude yourself, you will have to hire and pay for your own lawyer for that lawsuit (should you wish to be represented), and you will have to prove your claims.

To exclude yourself from the Class, you must send a letter to the Third-Party Administrator (Name and Address below) that includes:

  • Your full name, address, and telephone number;

  • A statement to the effect of, “I, [Your Name], voluntarily choose not to participate in the certified class action against United in the lawsuit entitled John R. Scholz v. United Airlines, Inc.”

  • Sign and date the letter; and

  • Mail the written statement to the following address, postmarked no later than February 9, 2026, to:

John R. Scholz, III, et al. v. United Airlines, Inc. Exclusion
c/o Simpluris
P.O. Box 26170
Santa Ana, CA 92799

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8. What Protections Do I Have Against Retaliation For Participating In This Cass Action?

The law and the policies of Defendant United Airlines, Inc., protect you from any retaliatory action based upon your decision to participate in, or opt out of, this class action lawsuit. You will not be retaliated against by Defendant United Airlines, Inc., for choosing to participate, or not participate, in this class action lawsuit.

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9. Do I Have A Lawyer In This Case?

The Court appointed the following attorney to represent Plaintiffs and all Class Members:

Jane C. Mariani
Law Office of Jane C. Mariani
584 Castro Street, #687 San Francisco, CA 94114
Telephone No.: (415) 203-2453

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10. Are Class Members Responsible For Paying Class Counsel?

No. If Class Counsel obtain money or other benefits for the Class, they may ask the Court for fees and expenses. Class Members will not pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would either be deducted from any money obtained for the Class or paid separately by the Defendant.

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11. Should I Get My Own Lawyer?

If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf in this lawsuit. If you want your own lawyer to represent you at court hearings in this lawsuit, you must hire and pay for that lawyer.

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12. Do I Have To Come To Trial?

If this case reaches a trial, you do not need to attend the trial unless you are subpoenaed as a witness. Class Counsel will present the case for the Class Members, and United will present its defenses.

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13. How Do I Get More Information?

This website does not fully describe all of the claims, defenses, or allegations of the parties. If you have any questions about the Notice, you should contact the Class Notice Administrator, listed in Section 7 above, or if you want to review the Complaint or other important filings in the lawsuit, you may:

  • Click ‘here’ to go to the ‘Important Documents’ section

  • call (833) 647-8965

  • contact Class Counsel at the address provided in Section 9 above

Please Do Not Telephone or Contact the Court or United’s Counsel About This Website.

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