Employment Law Blog

U.S. Ninth Circuit Court of Appeals District Court properly interpreted local pension plan and reciprocal agreement with another plan to prevent trustees of local plan from withholding contributions to fund critical status deficit from contributions for hours a traveler from other plan worked in jurisdiction rather than transferring the contributions to traveler’s home jurisdictions according...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against sex and age discrimination claims because applicant failed to raise a genuine dispute of material fact whether employer’s legitimate, nondiscriminatory reasons for not hiring her were pretextual.  District Court properly granted summary judgment against applicant's disability discrimination claim because applicant failed to...

U.S. Ninth Circuit Court of Appeals Employee who does not consent to arbitration policy by continuing employment has no claim for injunction, monetary relief or declaration arbitration is unlawful, but may have claim for nominal damages.  Bayer v. Neiman Marcus Group, 2017 U.S. App. LEXIS 11294 (9th Cir. June 26, 2017). District Court improperly granted...

U.S. Ninth Circuit Court of Appeals Employee stated claim against employer’s attorney under the anti-retaliation provisions of the Fair Labor Standard Act, by alleging attorney planned for U.S. Immigration and Customs Enforcement to take him into custody at a scheduled deposition and then remove him from the United States.  Arias v. Raimondo, 2017 U.S. App....

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against claim the company retaliated against employee for filing lawsuit by reducing her hours, because company reduced her hours before it found out she sued.  Kim v. Coach, Inc., 2017 U.S. App. LEXIS 10717 (9th Cir. June 16, 2017). District Court properly granted...

U.S. Supreme Court ERISA exempts church affiliated nonprofits running hospitals and other health care facilities from its otherwise comprehensive regulation of employee benefit plans.  Advocate Health Care Network v. Stapleton, 198 L.Ed. 2d 296, 2017 U.S. LEXIS 3554 (June 5, 2017). U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against FMLA...

U.S. Supreme Court State Court does not have general personal jurisdiction over a corporation not incorporated in the state and not maintaining its principal business in the state.  The magnitude of the corporation’s in-state contacts gives no state general jurisdiction, if appraisal of the corporation’s contacts in their entirety does not render it at home...

U.S. Ninth Circuit Court of Appeals District Court abused discretion by denying enforcement of EEOC subpoena for “pedigree information” (name, Social Security number, last known address, and telephone number) for employees or prospective employees who took physical capability strength test charging party failed, on ground the information was not relevant.  District Court was free on...

U.S. Supreme Court Federal Arbitration Act preempted Kentucky Supreme Court’s ruling person holding a general power of attorney could not agree to arbitration for person granting the power, unless the power granted the representative specific authority to waive principal’s rights under the Kentucky Constitution to access courts and trial by jury.  Ruling violated FAA’s command...

U.S. Ninth Circuit Court of Appeals District Court properly granted hospital summary judgment against discriminatory removal claim.  Anesthesiologist’s unsatisfactory performance during surgery was legitimate, nondiscriminatory reason for removing her from schedule and not reinstating her.  Doctor did not raise a triable issue of fact on whether the reason was pretext.  She did not show there...