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District court properly granted summary judgment against employee's discrimination and retaliation claims, because employee did not suffer adverse employment action or show the employer's legitimate reasons for its actions were pretextual.   Blount v. Morgan Stanley Smith Barney, LLC, 2015 U.S. App. LEXIS 22119 (9th Cir. Dec. 18, 2015). District court improperly granted summary judgment against...

District court improperly granted summary judgment against a human resource manager's FLSA retaliation claim.  There was evidence the supervisors who terminated her understood or reasonably should have understood that she was asserting rights protected by the FLSA and calling for their protection, because FLSA compliance was not part of her job portfolio.  Rosenfield v. Globaltranz...

District court improperly granted summary judgment dismissing union's petition to compel arbitration, because statute of limitations did not begin to run until employer made it clear it refused to arbitrate, even though the employer has earlier stated the matter was neither grievable nor arbitrable.  SEIU United Healthcare Workers-West v. Los Robles Regional Medical Center, 2015...

District court properly granted summary judgment against employee who claimed employer terminated him to avoid complying with potential administrative wage garnishment order.  Employee could not show that any of individuals involved in his termination knew about the potential garnishment.  Alleged constructive notice was insufficient to infer unlawful motivation.  Sutherland v. CWH Red Bull Distribution Co.,...

Although union failed to serve subpoena on counsel in violation of NLRB's rules, company received subpoena and could have sent it to counsel within time for filing a petition to revoke it.  Company waived objections to the subpoena by not filing petition, because it showed no prejudice or support for objecting based on privilege. National...

Hawaii law allows award of reasonable and verified wages lost against convicted individuals because of their unlawful conduct.  Hawaii V. DeMello, 2015 Haw. LEXIS 294 (Haw. Sup. Ct. Nov. 2, 2015). Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us...

District court properly granted summary judgment that insured correctly classified claims representatives as administrative employees exempt from FLSA overtime pay, because they (1) performed work directly related to the insurer's management policies and business operations, (2) customarily and regularly exercised discretion and independent judgment, (3) worked under only general supervision and (4) did not contest...