Justia Labor & Employment Law Opinion Summaries

Dr. Khungar, a pediatrician, worked for Access. A year into her employment, in August 2015, she received a “final warning” from the regional medical director based on Khungar’s accessing of a patient’s medical file to obtain a coworker’s phone number, in violation of the Health Insurance Portability and Accountability Act. Khungar then reported an earlier incident in which the clinic manager referred to Khungar’s Indian ethnicity. in May 2016, complaints about Khungar began rolling into the Human Resources department (HR) from staff and the parents of her minor patients.Chief Medical Officer Mejia recommended Khungar’s termination based on the nature and volume of the complaints. He later testified that he was unaware of Khungar’s race, religion, and national origin. HR ratified Mejia’s recommendation. After she was notified of the decision, Khungar asserted that her past complaints of “cultural insensitivity” had never been addressed. HR repeatedly attempted to meet with Khungar, but Khungar canceled. Khungar filed an EEOC charge. Before leaving, Khungar made statements that were perceived to be threatening, which caused HR to fire Khungar immediately and employ a security guard for several weeks.Khungar filed suit, alleging discrimination and retaliation under Title VII. The Seventh Circuit affirmed that Khungar “cannot make out a prima facie case of discrimination.” Rhe evidence showed nondiscriminatory and nonpretextual reasons for Khungar’s termination. Khungar “failed to establish a genuine issue of material fact as to whether [her] protected activity caused her termination.” View "Khungar v. Access Community Health Network" on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of plaintiffs' False Claims Act (FCA) retaliation claim. Plaintiffs, employees of a nonprofit, suspected that their employer was committing fraud and alleged that they were terminated based on their attempt to uncover the fraud. However, in this case, the employees never had reason to believe that their employer made any false claims to the federal government. Therefore, without any reason to believe that their employer had filed a false claim against the government, they did not have any reason to believe that they were investigating a FCA violation, rather than a garden-variety fraud. The court explained that the employees may well have acted in good faith to attempt to uncover what they feared were shady practices, but the FCA is not a general anti-fraud statute. View "Hickman v. Spirit of Athens, Alabama, Inc." on Justia Law

Benjamin was hired as headmaster at the k-12, non-denominational, faith-based Epiphany School. Epiphany community members “evaluated Benjamin on various criteria[,] including ‘Christian Tradition.’” Benjamin, who describes himself as a Quaker of Jewish ethnicity, alleges that he was told by a board member that Epiphany community members did not see him as a “true Christian.” Benjamin’s time at Epiphany was marked by conflicts with students, parents, faculty, and staff. According to Defendants, Benjamin was hostile, inattentive to deadlines, and frequently absent from school events. According to Benjamin, the conflicts were driven by hostility toward his Jewish background, Quaker faith, and efforts to promote diversity. The Board held a forum at which Benjamin gave a speech explaining his religious beliefs. The parties disagree as to whether this speech was voluntary and as to whether Benjamin resigned or was terminated.Benjamin sued, alleging retaliation; discrimination based on race, national origin, religion, and disability; breach of contract, defamation, tortious interference with prospective economic relations; false imprisonment; assault; and violation of the North Carolina School Violence Prevention Act. The district court rejected some claims on summary judgment; a jury rejected the others. The Fourth Circuit affirmed, upholding rulings preventing Benjamin from introducing certain deposition testimony, implementing time limits for each side’s presentation of its case, admitting evidence about Benjamin’s misrepresentations regarding his prior employment, and declining to adopt Benjamin’s proposed jury instructions and verdict form for the breach of contract and defamation claims. View "Benjamin v. Sparks" on Justia Law

Plaintiff filed suit against her former employer, alleging claims of race- and gender-based discrimination under Title VII and racial discrimination under 42 U.S.C. 1981. The Fourth Circuit affirmed the district court's dismissal of her action for failure to state a claim, because plaintiff was not an "employee" of the firm she sought to sue. The court explained that plaintiff was a partner and equal owner of the firm, not an employee, and thus she is not within the scope of Title VII's coverage.In regard to plaintiff's section 1981 claim, the court concluded that plaintiff failed to plead specific factual allegations tending to corroborate her claim of eligibility for leave. In this case, plaintiff declined to indicate the nature of the medical conditions or events that allegedly qualified her for leave, despite being the individual best-positioned to do so. Furthermore, even if plaintiff's qualification for leave was assumed, plaintiff failed to allege that her race was the but-for cause of the Board's denial of her leave application as required by the Supreme Court's recent holding in Comcast Corporation v. National Association of African American-Owned Media, 140 S.Ct. 1009 (2020). As to plaintiff's one factually-specific, non-conclusory allegation of racially-motivated conduct, she failed to allege any facts linking it to the Board vote denying her short-term leave. View "Lemon v. Myers Bigel, P.A." on Justia Law

Mouton-Miller worked for the Postal Service as an Audit Manager. Her position was classified as GG-0511-14, step 8, with a salary of $128,081. In 2017, Homeland Security’s Office of the Inspector General hired Mouton-Miller for the position of Supervisory Auditor, classified as GS-0511-14, step 8, with an initial pay rate of $142,367. There was no break between her Postal Service employment and her Homeland Security employment. Mouton-Miller’s Homeland Security position was subject to a one-year supervisory probationary period before becoming final. In March 2018, less than one year after beginning her position, Mouton-Miller received notice that she had “performed unsatisfactorily.” She was reassigned to the nonsupervisory position of Communications Analyst, GS-0301-14, step 7, with a $129,937 salary.The Merit Systems Protection Board dismissed Mouton-Miller’s appeal, determining that it lacked jurisdiction because the challenged agency action was excluded from the Board’s jurisdiction by 5 U.S.C. 7512(C). The Federal Circuit affirmed. For Mouton-Miller’s demotion to be an agency action subject to Board review, she must have completed the probationary period referred to in 5 U.S.C. 3312(a)(2). Mouton-Miller spent less than one year in her supervisory position at Homeland Security and her previous role at the Postal Service was in the excepted service; she has not satisfied the required supervisory probationary period. View "Mouton-Miller v. Merit Systems Protection Board" on Justia Law

Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). The WHL created an exemption from an overtime compensation requirement for employees of a “trucking industry employer.” In response to plaintiff’s argument that defendant failed to pay truck drivers as mandated by N.J.S.A. 34:11-56a4(b)(1), defendant argued that it was exempt from that provision as a trucking industry employer under N.J.S.A. 34:11-56a4(f). Defendant also asserted that it was entitled to invoke the absolute defense set forth in N.J.S.A. 34:11-56a25.2 because it had relied in good faith on three matters in which the Department had investigated its operations and concluded that it was a “trucking industry employer.” The trial court viewed those decisions to satisfy N.J.S.A. 34:11-56a25.2’s standard for the good-faith defense and granted summary judgment dismissing plaintiff’s claims. The Appellate Division reversed, finding that none of the determinations on which defendant relied met the requirements of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Appellate Division also rejected defendant’s invocation of a 2006 Opinion Letter by the Director of the Division that for certain employees of trucking industry employers, N.J.S.A. 34:11-56a4 “establishes their overtime rate at 1 1/2 times the minimum wage” because defendant did not represent that it had relied on that letter when it determined its overtime compensation. The New Jersey Supreme Court concurred with the Appellate Division that none of the decisions identified by defendant satisfied the requirements of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Court acknowledged, however, the dilemma faced by an employer such as defendant, which repeatedly prevailed in overtime disputes before subordinate Department employees but was unable to seek a ruling from the Commissioner of the Department of Labor and Workforce Development (Commissioner) because each of those disputes was resolved without further review. This matter was remanded to the trial court for consideration of defendant’s argument that it was a trucking-industry employer within the meaning of N.J.S.A. 34:11-56a4(f), and for determination of whether defendant complied with the applicable WHL overtime standards in compensating its employees. View "Branch v. Cream-O-Land Dairy" on Justia Law

In this appeal from the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) Title III court in Puerto Rico the First Circuit affirmed the dismissal of Petitioner's mandamus petition for failure to state a claim, holding that the Title III court correctly dismissed the petition for writ of mandamus.The petition at issue alleged that when the Puerto Rico Electric Power Authority (PREPA) announced that it would increase some medical co-pays while decreasing others in order to comply with its certified fiscal plan PREPA violated two provisions of a Puerto Rican statute. Petitioner, which represented the employees of PREPA, sought to compel PREPA to comply with the savings and pre-existing conditions provisions of Act No. 26-2107, P.R. Laws Ann. tit. 3, 9461 et seq. The Title III court denied mandamus relief, concluding that Petitioner did not meet its burden of showing that there were no adequate alternative remedies. The First Circuit affirmed, holding that the petition was correctly dismissed because Petitioner did not demonstrate that there was no adequate alternative remedy available for its members to recover from PREPA. View "Union de Trabajadores de la Industria Electrica y Riego v. Ortiz Vazquez" on Justia Law

Thompson, an African-American, has arthritis in her knees, back, and neck. Her doctor gave her lifting restrictions at a previous job. She was approved for Social Security Disability payments in 2014 based on a primary disability of morbid obesity and a secondary disability of arthritis. She is no longer morbidly obese. Fresh hired Thompson, age 52, as a production worker in 2016. Thompson did not mention her arthritis diagnosis and did not have restrictions on her ability to work; she performed her job duties without accommodations. Thompson later decided she would like to work part-time “to get some work done on [her] back.” Her supervisors do not recall any conversations about her pain or desire to work part-time. She did not provide medical documentation. Fresh began experiencing a reduction in sales and changed its shift schedule. Thompson indicated that she was unable to work the new schedule but did not provide an explanation. Thompson later asked about part-time hours. As one of five employees who indicated that she could not work proposed shift changes, Thompson was laid off.Thompson sued, alleging disability discrimination, under the Americans with Disabilities Act, 42 U.S.C. 12101–12117, age discrimination, under the Age Discrimination in Employment Act, 29 U.S.C. 621–634, and race discrimination, under Title VII, 42 U.S.C. 2000e-2–2000e-5. The Sixth Circuit affirmed summary judgment in favor of Fresh. Thompson has not established a prima facie case of discrimination. View "Thompson v. Fresh Products, LLC" on Justia Law

The Ninth Circuit denied petitions for review of the FMCSA's determination that federal law preempted California’s meal and rest break rules (MRB rules), as applied to drivers of property-carrying commercial motor vehicles who are subject to the FMCSA's own rest break regulations.The panel held that the agency's decision reflects a permissible interpretation of the Motor Carrier Safety Act of 1984 and is not arbitrary or capricious. Applying Chevron deference to the agency's interpretation of the statute and the phrase "on commercial motor vehicle safety," the panel held that even assuming petitioners identified a potential ambiguity in the statute, the agency's reading was a permissible one. In this case, the FMCSA reasonably determined that a State law "on commercial motor vehicle safety" is one that "imposes requirements in an area of regulation that is already addressed by a regulation promulgated under [section] 31136." Furthermore, the FMCSA's 2018 preemption decision also reasonably relied on Congress's stated interest in uniformity of regulation.The panel concluded that the FMCSA permissibly determined that California's MRB rules were State regulations "on commercial motor vehicle safety," so that they were within the agency's preemption authority. The panel also concluded that the FMCSA faithfully interpreted California law in finding that California's rules were "additional to or more stringent than" federal regulations. Finally, the panel concluded that the agency did not act arbitrarily or capriciously in finding that enforcement of the MRB rules "would cause an unreasonable burden on interstate commerce." View "International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration" on Justia Law

When an employee working a "one week on, one week off" schedule takes continuous leave, an employer may count both the on and off weeks against the employee's Family Medical Leave Act (FMLA) leave entitlement. The Ninth Circuit reversed the district court's grant of summary judgment for the Secretary in an action alleging that Alaska miscalculated the amount of FMLA leave that certain employees of the Alaska Marine Highway System (AMHS) were entitled to take.The panel held that the term "workweek" in 29 U.S.C. 2612(a)(1) has the same meaning it carries under the Fair Labor Standards Act. The panel explained that it is a fixed, pre-established period of seven consecutive days in which the employer is operating. Under that reading of the term, when a rotational employee takes continuous leave, both his on and off weeks count as "workweeks of leave" under section 2612(a)(1). Thus, the panel concluded that Alaska may insist that rotational employees who take 12 workweeks of continuous leave return to work 12 weeks later. The panel also held that it need not defer to the Secretary's contrary interpretation of the statute under Skidmore v. Swift & Co., 323 U.S. 134 (1944). View "Scalia v. Alaska" on Justia Law