Employment Law Blog

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against failure to provide reasonable accommodation claim, because employee’s requested accommodation of being restricted from visual or verbal contact with her direct supervisor was effectively a request for a new supervisor and per se unreasonable.  Her alternative request for reassignment in conflict with her...

Hawaii Occupational Safety and Health Division Administration recently warned employers when hazards created by violent coworkers, customers or others will violate Haw. Rev. Stat. § 396-6, the general duty clause in Hawaii Occupational Safety and Health Law. CPL 02-01.058, Enforcement Procedures and Schedule for Occupational Exposure to Workplace Violence, adopted March 1, 2017, available at...

U.S. Supreme Court Native American tribe’s sovereign immunity against lawsuits did not extend to tribal employee sued over actions he took within scope of employment when sued in individual capacity.  Tribe’s agreement to indemnify employee did not extend immunity.  Michigan v. Bay Mills Indian Community, 572 U.S, ___ (2014). U.S. Ninth Circuit Court of Appeals...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgement against discrimination and retaliation claims, because former employee failed to raise a genuine dispute of material fact as to whether employer’s legitimate, non-discriminatory and non-retaliatory reasons for its actions were pretextual.  Starks v. Parball Corp., 2017 U.S. App. LEXIS 7043 (9th Cir. April...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against breach of duty of fair representation claim because former employee failed to sue within six-month statute of limitations after union’s time for asserting grievances expired. District Court properly dismissed for lack of jurisdiction breach of contract claim against employer because district court's jurisdiction...

U.S. Supreme Court Ninth Circuit improperly reviewed District Court’s decision to quash an EEOC subpoena in discrimination investigation.  District Court quashed EEOC subpoenas seeking pedigree information (names, Social Security numbers, addresses and telephone numbers) of all employees asked to take physical examination in investigation of charge by employee who returned from maternity leave, failed three...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against FLSA claim by driver applicants who attended three-day orientation.  The applicants were not employees under FLSA, because they took driving and skill tests, completed tax and administrative paperwork, showed they understood and would comply with safety policies and regulatory standards during the...

U.S. Supreme Court Acting general counsel of NLRB became ineligible to perform functions of office requiring Presidential appointment and Senate confirmation upon being nominated by the President to fill the vacant position, since the prohibition against a nominee serving in an acting capacity extended to any person serving as an acting official and was not...

U.S. Ninth Circuit Court of Appeals District Court properly granted summary judgment against ADA claim, because former teacher and his wife failed to raise genuine issue of material fact as to whether they were terminated because of his disability or reasonable accommodation requests.  District Court properly granted summary judgment under Fair Housing Act, because teacher...

U.S. Ninth Circuit Court of Appeals District Court properly denied employee’s motion for judgment as a matter of law and new trial on hostile work environment claim.  Although evidence could have supported employee’s claim, there was also support for the employer.  Several witnesses testified the conduct amounted to no more than jokes and horseplay   Employee’s...