Justia Labor & Employment Law Opinion Summaries
Dept. of Fair Employment and Housing v. Cisco Systems, Inc.
Cisco Systems, Inc. hired “John Doe” in September 2015 to work as an engineer. Doe was required to sign an arbitration agreement as a condition of his employment. Under the agreement, Cisco and Doe had to arbitrate “all disputes or claims arising from or relating to” Doe’s employment, including claims of discrimination, retaliation, and harassment. Several years after signing the agreement, Doe filed a complaint with the California Department of Fair Employment and Housing, alleging Cisco discriminated against him because of ancestry or race. He reported that two supervisors denied him opportunities and disparaged him because, under the traditional caste system of India, he was from the lowest caste and they are from the highest. Doe also accused Cisco of retaliating when he complained about being treated unfavorably because of his caste. The Department notified Cisco of Doe’s complaint, investigated it, and decided it had merit. Attempts at informal resolution were unsuccessful. The Department then filed a lawsuit against Cisco and the two supervisors. The Department alleged five causes of action alleging multiple violations of FEHA, and sought a permanent injunction preventing Cisco from committing further violations, and mandatory injunctive relief requiring Cisco to institute policies to prevent employment discrimination. The complaint also requested an order that Cisco compensate Doe for past and future economic losses. Cisco moved to compel arbitration pursuant to the agreement Doe signed. The trial court denied the motion. On appeal, Cisco argued the Department was bound by the terms of Doe’s arbitration agreement. The Court of Appeal affirmed, finding the Department acts independently when it exercises the power to sue for FEHA violations. “As an independent party, the Department cannot be compelled to arbitrate under an agreement it has not entered.” View "Dept. of Fair Employment and Housing v. Cisco Systems, Inc." on Justia Law
NLRB v. Constellium Rolled Products
The National Labor Relations Board petitioned the Fourth Circuit to enforce its order imposing obligations on an employer. The charged employer, Constellium Rolled Products Ravenswood, LLC, consented in a stipulated settlement agreement to the enforcement of the order, skipping a process of agency prosecution and adjudication. Constellium agreed to a factual statement, waived any defenses, and now dutifully agrees that the Fourth Circuit should enter a judgment against it.The Fourth Circuit dismissed the petition. The court held that it lacks jurisdiction to exercise judicial power when it would have no real consequences for the parties and would only rubberstamp an agreement the parties memorialized in writing and consummated before ever arriving on a federal court’s doorstep. The court further explained that the parties agree on every relevant question potentially before the court. That agreement led the parties to resolve this dispute among themselves before ever coming to federal court, leaving nothing for the court to do that would have real consequences in the world. And the Board agrees that Constellium has complied with the order and continues to do so. View "NLRB v. Constellium Rolled Products" on Justia Law
Bruce v. Kelly
The Supreme Court held that Kan. Stat. Ann. 74-2113 defines the rank of major within the classified service under the Kansas Civil Service Act (KCSA), Kan. Stat. Ann. 75-2925 et seq., and that K.A.R. 1-7-4 does not require a former Kansas Highway Patrol (KHP) superintendent or assistant superintendent to serve another probationary period when returning to their former rank as contemplated in section 74-2113(a).The Supreme Court answered two questions of law certified to the court by a federal district court in a lawsuit Plaintiff filed against Governor Laura Kelly, Chief of Staff Will Lawrence, and Kansas Highway Patrol Superintendent Herman Jones (collectively, Defendants). Plaintiff, who previously served as superintendent of the KHP, alleged that Defendants forced him to resign his employment rather than returning him to the rank he held before his appointment to superintendent. Given the parties' conflicting interpretations of the statutes and regulations and the lack of controlling Kansas precedent on certain issues, the district court certified two questions. The Supreme Court answered the questions as set forth above. View "Bruce v. Kelly" on Justia Law
Murray v. UBS Securities
Plaintiff claimed that UBS Securities, LLC and UBS AG (together “UBS”) fired him in retaliation for reporting alleged fraud on shareholders to his supervisor. Plaintiff sued UBS under the whistleblower protection provision of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. Section 1514A, and he ultimately prevailed at trial. The Second Circuit vacated the jury’s verdict and remanded to the district court for a new trial. The court explained that the district court did not instruct the jury that a SOX anti-retaliation claim requires a showing of the employer’s retaliatory intent. Section 1514A prohibits publicly traded companies from taking adverse employment actions to “discriminate against an employee . . . because of” any lawful whistleblowing act. 18 U.S.C. Section 1514A(a). Accordingly, the court held that this provision requires a whistleblower-employee, like Plaintiff, to prove by a preponderance of the evidence that the employer took the adverse employment action against the whistleblower-employee with retaliatory intent—i.e., an intent to “discriminate against an employee . . . because of” lawful whistleblowing activity. The district court’s legal error was not harmless. View "Murray v. UBS Securities" on Justia Law
Procive v. WSI
Robert Procive appealed when a district court dismissed his appeal of an Administrative Law Judge’s order that denied his claim for Workforce Safety and Insurance (“WSI”) benefits. Procive submitted his first claim in 2020, alleging he suffered carpal tunnel syndrome due to injuries to both wrists, elbows, and shoulders resulting from repetitive digging, hammering and driving stakes, steel posts, and iron rods into the ground. He claimed his original injury occurred in western North Dakota, and he notified his employer of his injury in November 2004 and October 2016. WSI accepted liability for Procive’s right carpal tunnel injury, but denied for the left. Later WSI issued its order reversing its acceptance of liability for the right carpal tunnel, finding Procive willfully made false statements about whether he had prior injuries or received treatment. WSI ordered Procive to repay past benefits he received. After a hearing the ALJ affirmed WSI’s decisions denying coverage. Procive appealed to the district court in Stutsman County. WSI moved to dismiss the appeal, arguing the district court lacked subject matter jurisdiction because Procive was required to file his appeal in the county where the injury occurred or the county where he resided. To this, the North Dakota Supreme Court affirmed, finding the district court did not have jurisdiction. View "Procive v. WSI" on Justia Law
Brant v. Schneider National, Inc.
In this dispute over Plaintiff's employment status the Seventh Circuit reversed the judgment of the district court granting Defendant's motion to dismiss all claims on the pleadings, holding that the district court erred by giving decisive effect to the terms of Defendant's contracts.Plaintiff hauled freight for Defendant under an agreement that labeled him as an independent contractor. Plaintiff later filed this lawsuit claiming that Defendant violated minimum wage requirements under the Fair Labor Standards Act (FLSA) and Wisconsin law, unjustly enriched itself under Wisconsin law, and violated federal Truth-in-Leasing regulations. The district court dismissed all claims on the pleadings. The Seventh Circuit reversed, holding that Plaintiff alleged legally viable claims for relief under the FLSA, federal Truth-in-Leasing regulations, and Wisconsin minimum wage law. View "Brant v. Schneider National, Inc." on Justia Law
Hamilton v. Dallas County
Plaintiffs are nine female detention service officers working at the Dallas County Jail who are employed by Defendant-Appellee Dallas County Sheriff’s Department. Dallas County (“the County”). A gender-based scheduling policy went into effect and only male officers were given full weekends off whereas female officers were allowed two weekdays off or one weekday and one weekend day off. Plaintiffs alleged that they were told that it would be safer for the male officers to be off during the weekends as opposed to during the week. Plaintiffs filed suit against the County for violations of Title VII and the Texas Employment Discrimination Act (the “TEDA”). On appeal, Plaintiffs argued that the district court erred by considering whether the County’s scheduling policy constituted an adverse employment action rather than applying the statutory text of Title VII and the TEDA. The Fifth Circuit affirmed the district court’s motion to dismiss The court held that Plaintiffs’ did not plead an adverse employment action, as required under the Fifth Circuit’s Title VII precedent. The court explained that the conduct complained of here fits squarely within the ambit of Title VII’s proscribed conduct: discrimination with respect to the terms, conditions, or privileges of one’s employment because of one’s sex. Given the generally accepted meaning of those terms, the County would appear to have violated Title VII. However, the court explained it is bound by the circuit’s precedent, which requires a Title VII plaintiff to establish a prima facie case of discrimination by showing that she “suffered some adverse employment action by the employer.” View "Hamilton v. Dallas County" on Justia Law
Cruz v. Farmers Insurance, et al.
Michael Cruz sued defendant insurance companies alleging they terminated his contract, under which he sold defendants’ insurance products, on the basis of race, in violation of 42 U.S.C. § 1981. In support, Cruz relied on a statement allegedly made by his district manager, which Cruz argued represented direct evidence of discrimination, as well as circumstantial evidence. The district court granted summary judgment to defendants, ruling that the district manager’s statement was inadmissible hearsay and that Cruz’s circumstantial evidence did not otherwise demonstrate discriminatory intent. Without considering Cruz’s circumstantial evidence, the Tenth Circuit reversed because the district manager’s alleged comment was not inadmissible hearsay; it was admissible under Federal Rule of Evidence 801(d)(2)(D) as a party-opponent admission made by an agent within the scope of the agency relationship. And because that admission constituted direct evidence of discrimination, the grant of summary judgment was reversed and the matter remanded for further proceedings. View "Cruz v. Farmers Insurance, et al." on Justia Law
Ronicka Schottel v. Nebraska State College System
Plaintiff, a former employee at Nebraska State College System’s (NSCS) Peru State College, brought Equal Pay Act and Title VII claims against NSCS after she received a terminal contract in 2018. The district court granted summary judgment in favor of NSCS on all of Plaintiff’s claims, and Plaintiff appealed. The Eighth Circuit affirmed the ruling. The court explained that the parties do not dispute that another employee was paid more for the same position from when Plaintiff and the other employee were hired until Plaintiff’s promotion in 2017; thus, it is undisputed that Plaintiff set forth a prima facie case. The parties dispute, however, whether NSCS satisfied its burden to prove that the pay differential was based on a factor other than sex. The court agreed with the district court that NSCS met its burden. NSCS offered sufficient evidence that the other employee received a higher salary because he had significantly more experience than Plaintiff.Further, the court wrote that while Plaintiff maintains that her being hired before the other employee demonstrates her superior experience. This assumption is erroneous, as Plaintiff conflates Peru State’s hiring and salary decisions. Finally, even if Plaintiff proves causation, Plaintiff failed to put forth evidence demonstrating pretext in response to NSCS’s legitimate reason for issuing her a terminal contract. View "Ronicka Schottel v. Nebraska State College System" on Justia Law
Philip Petrone v. Werner Enterprises, Inc.
This class action arises out of claims by commercial truck drivers who assert that they were not paid proper amounts while working for Werner Enterprises, Inc., and Drivers Management, LLC, (collectively Defendants) as part of Defendants’ Student Driver Program. In a previous appeal, we considered Defendants’ challenge to a jury verdict in favor of Philip Petrone and others (collectively, Plaintiffs) on some of Plaintiffs’ claims, concluding that the district court erred in amending the scheduling order to allow Plaintiffs to submit an expert report past the disclosure deadline without good cause. Because the expert evidence was integral to the jury’s verdict, the Eighth Circuit determined that this error was not harmless, and vacated the judgment. The case returned to the court after the district court, on remand, entered judgment in favor of Defendants. The court then vacated the judgment. The court explained that read in its entirety, the decision left the door open for the district court to consider how to proceed in light of the Circuit Court’s ruling that the district court should not have granted the motion to amend the scheduling order. The court explained that its mandate thus did not direct the district court to affirmatively find in Defendants’ favor, and their suggestion to the contrary is without merit. Finally, while the district court properly determined that Plaintiffs could not present evidence of damages through summary evidence pursuant to Rule 1006, it failed to conduct an analysis pursuant to Rule 37(c)(1) and failed to address Plaintiffs’ request for appointment of an expert pursuant to Rule 706. View "Philip Petrone v. Werner Enterprises, Inc." on Justia Law