Employment Law Blog

District court did not err granting summary judgment against failure to accommodate claim, because even if he could not remember what hours he worked due to multiple sclerosis, the employer fired him because he knew he was unsure what hours he worked and still certified his time sheet as accurate.  To the extent there was...

District court improperly enjoined National Labor Relations Board from awarding refrigerated container work to IBEW instead of ILWU under dispute procedure in Section 10(k) of the National Labor Relations Act, even though the Board likely did not have jurisdiction over IBEW employees because they worked for public employer.  Employer had alternative paths to review of...

U.S. Ninth Circuit Court of Appeals District court properly dismissed federal discrimination claims on summary judgment, because former employee offered no evidence showing similarly situated employees were treated more favorably or direct evidence of racial animus.  District court properly dismissed retaliation claims on summary judgment, because former employee failed to put forward direct evidence of...

U.S. Supreme Court Automobile service advisors were exempt from overtime compensation, at least when U.S. Department of Labor did not adequately explain reason for issuing regulation changing decades old position the service advisors were exempt.  Encino Motorcars, LLC v. Navarro, 2016 U.S. LEXIS 3924 (June 20, 2016). U.S. Ninth Circuit Court of Appeals District court...

U.S. Ninth Circuit Court of Appeals Failure to pay share of arbitrator's fees because of financial incapacity entitled legal malpractice plaintiff to continue litigation in court, at least where she gave notice of her inability to pay, and genuinely tried to secure alternative payment arrangements.  Tillman v. Tillman, 2016 U.S. App. LEXIS 10818 (9th Cir....

U.S. Ninth Circuit Court of Appeals District court did not err certifying class of sales associates who employer allegedly required to perform tasks unrelated to sales but paid only sales commissions in violation of California Law, because question whether employer required associates to perform unrelated tasks was common question capable of class wide resolution, and...

Ninth Circuit Court of Appeals District court properly granted partial summary judgment under the Fair Labor Standards Act, because city improperly excluded cash in lieu of benefits payments made under flexible benefits plan from calculation of police officer's regular rate of pay for purpose of paying overtime compensation.  Since 40% or more of the city's...

Supreme Court of the United States Constructive discharge claim accrued under Title VII and statute of limitations began to run when employee notified employer of resignation, not when he allegedly suffered intolerable working conditions from discrimination.  Green v. Brennan, 2016 U.S. LEXIS 3484 (May 23, 2015). U.S. Ninth Circuit Court of Appeals District Court erred...

Supreme Court of United States Employer need not obtain favorable judgment on merits to be prevailing party, for award of attorneys' fees against the Equal Employment Opportunity Commission.  Disposition of EEOC's claims due to its failure to investigate and conciliate on behalf of 67 women before suing was sufficient for purpose of prevailing.  Lower courts...

NINTH CIRCUIT COURT OF APPEALS District court improperly granted summary judgment against Title VII claims based on judicial estoppel, because employee listed claims on her amended bankruptcy petition.  Henderson v. Bonaventura, 2016 U.S. App. LEXIS 8838 (9th Cir. May 13, 2016). District court properly granted summary judgment against claim employer violated collective bargaining agreement, because...