ERIC WHITE, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. UNITED AIRLINES, INC. and UNITED CONTINENTAL HOLDINGS, INC., Defendants-Appellees., 987 F.3d 616

Summary

HOLDINGS: [1]-The Uniformed Services Employee and Reemployment Rights Act (USERRA), 38 U.S.C.S. § 4316(b)(1), required an employer to provide paid military leave to the same extent that it provided paid leave for other comparable absences. The definition of "rights and benefits" under USERRA, 38 U.S.C.S. § 4303(2), embraces paid leave; [2]-The employee sufficiently alleged that a holding company was an employer within the meaning of § 4303(4)(A)(i) to avoid dismissal because the complaint plausibly alleged that the holding company exercised the requisite level of control over the employment opportunities available to the employee.