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District court properly granted summary judgment against age discrimination claim based on agency advertising position.  Decision to advertise was not a separately actionable adverse employment decision. District court properly granted summary judgment against age discrimination claim based on hiring decision.  Plaintiff neither applied for position nor presented evidence showing he reasonably believed applying would have...

Ninth Circuit Court of Appeals District court properly dismissed Fair Labor Standards Act claim for failure to pay overtime wages.  Employee failed to allege facts sufficient to state a plausible claim for unpaid overtime.  Khorshed v. Lawa, 2016 U.S. App. LEXIS 28090 (9th Cir. Nov. 7, 2016). U.S. District Court District court granted summary judgment...

Ninth Circuit Court of Appeals District court improperly held Section 301 of the Labor Management Relations Act preempted claim workplace sexually hostile.  Interpretation of the collective bargaining agreement was not necessary to decide her claim.  Agreement did not require employer to assign extra work to less senior men.  Matson v. United Parcel Service, 2016 U.S....

Ninth Circuit Court of Appeals District court properly granted summary judgment against claim long term benefits wrongfully terminated and employment terminated in retaliation for exercising rights under ERISA.  Former employee's refusal to attend IME was sufficient cause to terminate benefits, no matter what standard of review applied to benefit decision.  Employee filed his retaliatory discharge...

Ninth Circuit Court of Appeals District court properly granted judgment against long term disability claim.  The court did not err by finding lifting forty to fifty pounds was not substantial and material part of her occupation or by finding fibromyalgia did not totally disable employee from performing substantial and material duties of her usual occupation. ...

Ninth Circuit Court of Appeals USEERA does not prohibit compelled arbitration of claims arising under the statute's terms.  Ziober v. BLB Res., Inc., 2016 U.S. App. LEXIS 18516 (9th Cir. Oct. 14, 2016). Where seaman is asked to disclose pertinent information during pre-hiring medical examination or interview and intentionally conceals or misrepresents material facts, he...

District court erred by dismissing complaint for violation of Title VII and Age Discrimination Act, because complaint and attached exhibits did not obviously state when former employee learned of the alleged discriminatory acts and whether his contact with the investigator was timely.  Daniels v. Donahoe, 2016 U.S. App. LEXIS 17268 (9th Cir. Sept. 21, 2016)....