Justia Labor & Employment Law Opinion Summaries

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The Regional Director of the NLRB sought a temporary injunction under 29 U.S.C. 160(j), pending the Board’s resolution of unfair labor practices charges against Sunbelt. The ALJ in the Board proceeding subsequently issued its recommendation, concluding that Sunbelt had violated sections 8(a)(1), (3), and (5) of the Act. Before the district court, the Director submitted that Sunbelt had violated, and continued to violate those sections by interfering with, restraining, and coercing employees in the exercise of their rights under the Act; discriminatorily eliminating the bargaining unit and failing and refusing to bargain collectively and in good faith. The district court granted an injunction, ordering Sunbelt to cease certain unfair labor practices.While Sunbelt’s appeal was pending, the Board issued its decision and order. The Director then moved to dismiss this appeal of the injunction as moot. Sunbelt submitted that the appeal was not moot because the Board had severed and retained one issue for further consideration. The Seventh Circuit dismissed the appeal and directed the district court to vacate its judgment. The Board’s resolution of the unfair labor practices charges moots the appeal, regardless of the fact that the Board severed one issue and retained it for further consideration. The severed issue was not one presented to the district court in the Director’s petition for an injunction. The temporary relief authorized by the statute is no longer available. View "Hadsall v. Sunbelt Rentals, Inc." on Justia Law

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The Fifth Circuit denied a petition for review of the ARB's decision upholding petitioner's discharge. Petitioner argues that he was improperly terminated for reporting a job-related injury, an act protected by the Federal Railroad Safety Act. The court held that the ARB did not err in finding that the railroad terminated petitioner's employment for failing to comply with his obligation to report promptly all known injuries and that his eventual acknowledgement of the injury was not a "contributing factor" for purposes of the Act. In this case, there is unchallenged evidence in the record that it was not the fact of reporting an injury but the failure to report promptly an earlier injury that caused petitioner to be discharged. View "Yowell v. Administrative Review Board" on Justia Law

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The Supreme Judicial Court vacated the portion of the trial court's judgment denying Plaintiff's claim under Mass. Gen. Laws ch. 93A, 11 and affirmed the remainder of the judgment, holding that the judge erred in instructing the jury under section 11.The attorney defendants in this case misappropriated propriety materials from their employer during their employment and subsequently used those materials to compete with their former employer. A jury found Defendants liable on claims for conversion, conspiracy, and breach of the duty of loyalty. The jury denied relief on the plaintiff employer's claims for unfair or deceptive trade practices, in violation of section 11. The Supreme Judicial Court vacated the judgment in part, holding that Defendants may be liable for unfair or deceptive trade practices, and the judge erred in instructing the jury that Defendants' conduct before leaving their employer was not relevant to Plaintiff's claim under section 11. View "Governo Law Firm LLC v. Bergeron" on Justia Law

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Plaintiff, individually and on behalf of a putative class, filed suit against his employers, SSP, alleging violations of various provisions of California’s wage and hour laws. SSP moved to compel arbitration under the collective bargaining agreement (CBA) between it and the labor union representing plaintiff.The Court of Appeal affirmed the trial court's denial of SSP's motion to compel arbitration. The court concluded that the CBA between SSP and the union provides for arbitration of claims arising under the agreement, but it does not waive the right to a judicial forum for claims based on statutes. In this case, the trial court correctly concluded that arbitrability was a question for the court, not the arbitrator, and that plaintiff's claims are not subject to arbitration. View "Wilson-Davis v. SSP America, Inc." on Justia Law

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After the DEA terminated Darek and Lisa Kitlinski's employment based on their refusal to participate in an internal investigation into their own allegations of misconduct by the DEA, the Kitlinskis alleged that the DEA terminated Darek in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and that the DEA terminated Lisa in retaliation for her support of Darek’s USERRA claims against the DEA. The Kitlinskis also claim that the DEA retaliated against them for their prior protected activity in violation of Title VII of the Civil Rights Act of 1964.The Fourth Circuit affirmed the district court's grant of summary judgment in favor of the DEA, concluding that the Kitlinskis offer no evidence that Darek's military service or his prior USERRA-protected activity was a motivating factor in his termination. Furthermore, even assuming that Armstrong v. Index Journal Co., 647 F.2d 441, 448 (4th Cir. 1981), applies here, the court has little difficulty concluding that the DEA's interest in ensuring its employees' full participation in internal investigations outweighs any interest Lisa had in promoting USERRA's nondiscriminatory purpose. The court also concluded that no reasonable factfinder could conclude that the DEA terminated the Kitlinskis' employment in retaliation for engaging in protected activity. The court explained that the Kitlinskis offer no evidence showing that the DEA terminated their employment for any reason other than their conduct during the OPR investigation. The court rejected the Kitlinskis' remaining claims. View "Kitlinski v. Department of Justice" on Justia Law

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Gamble, an African-American, began working for FCA in 2015 and received a copy of FCA’s policy concerning sexual harassment, which could result in termination. Months later, two female employees complained that Gamble had sexually harassed them. After interviewing witnesses, Pollard, a human resources manager, concluded that Gamble had violated FCA’s policy and issued a warning. He acknowledged the warning and attended remedial training but disputed the harassing nature of his comments. In 2017, Gamble’s supervisor reported that he had witnessed Gamble acting inappropriately toward a female. Pollard initiated another investigation. Another woman complained that Gamble had also acted inappropriately toward her. Gamble was terminated.He filed suit, alleging discriminations based on his race, age (63), and disability (having battled cancer), and citing Title VII, 42 U.S.C. 2000e; 42 U.S.C. 1981; the Americans with Disabilities Act (ADA), 42 U.S.C, 12112; and the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. 621–34.1 The district court granted FCO summary judgment. Gamble had abandoned his ADEA and ADA claims; his section 1981 claim for race discrimination was time-barred by a provision in his employment contract. The Seventh Circuit affirmed. No reasonable jury could infer that Gamble was treated less favorably than a similarly situated employee outside of his protected class. There was no evidence FCA gave a pretextual reason for firing him. View "Gamble v. Fiat Chrysler Automobiles US LLC" on Justia Law

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In this appeal arising from a contract action, the First Circuit affirmed the judgment of the district court denying Appellants' post-trial request for a declaratory judgment, holding that the district court did not abuse its discretion.Appellants, Covidien LP and Covidien Holding Inc. (collectively Covidien), brought this action against Brady Esche, a former employee, who assigned medical device patent rights to a company he subsequently founded, seeking declaratory judgment to the effect that Esch assign his rights, title, and interest in the patent applications to Covidien. Covidien also alleged that Esch breached his obligations under employment and/or separation agreements he signed. The jury found that Esch breached confidential information and awarded Covidien damages. Covidien subsequently moved for a declaratory judgment asking that Esch be required to assign to Covidien the inventions he subsequently made. The district court denied the request. The First Circuit affirmed, holding that the district court did not abuse its discretion in denying Appellants' post-trial declaratory judgment request. View "Covidien LP v. Esch" on Justia Law

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Plaintiff-appellant Joan Unrein became legally blind and could no longer drive herself to work, a 120 mile round trip. She asked her employer, Colorado Plains Medical Center, to allow her to work a flexible schedule dependent on her ability to secure rides. The Medical Center permitted this arrangement for a while, but it became a problem because Unrein’s physical presence at the hospital was unpredictable. The flexible schedule arrangement ended in 2016, and was never reinstated. After Unrein was terminated, she sued the Medical Center for failure to accommodate her disability in violation of the Americans with Disabilities Act and the Colorado Anti-Discrimination Act. After a bench trial, the district court entered judgment in favor of the Medical Center because it concluded Unrein’s accommodation request was unreasonable since a physical presence at the hospital on a set and predictable schedule was an essential job function of her position. Unrein appealed. After review, the Tenth Circuit affirmed, agreeing that Unrein’s physical presence at the hospital on a set and predictable schedule was essential to her job, and the ADA did not require an employer to accommodate employees’ non-work related barriers created by personal lifestyle choices. View "Unrein v. PHC-Fort Morgan" on Justia Law

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Plaintiff Kyle Walker persuaded a jury that her public employer had wrongfully discharged her from her at-will position for blowing the whistle on what she reasonably believed to be her employer’s violations of law. The trial court had denied her employer’s motions for a directed verdict, and the court entered a judgment that awarded her damages on that claim. The Court of Appeals reversed, holding that, notwithstanding the jury verdict in her favor, plaintiff’s action had not served an important public policy. The Oregon Supreme Court reversed, finding the appellate court incorrectly concluded that the threshold issue, whether plaintiff had identified an important public policy that permitted her to assert the tort of wrongful discharge, depended on whether she had reasonably believed that her employer had violated the law; instead, the Court found that threshold issue properly turned on sources of law that support the asserted public policy and whether those sources of law were tied to the acts by plaintiff that led her employer to discharge her. The Supreme Court further concluded that whether plaintiff had a reasonable belief that her employer had violated the law - the disputed element of whistleblowing on appeal - was a question of fact for the factfinder and that the record contained evidence that supported the jury’s finding. View "Walker v. Oregon Travel Information Council" on Justia Law

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The Supreme Court made permanent a preliminary writ of prohibition directing the circuit court to enter summary judgment in favor of Brian Henderson and Beutler, Inc., d/b/a George J. Shaw Construction Co. (Shaw), for injuries Joshua McArthur sustained while operating a dump truck on a construction site, holding that both Henderson and Shaw were immune from suit.In their motion for summary judgment, Henderson and Shaw asserted immunity from suit under the workers' compensation exclusivity doctrine. The circuit court overruled the motion, finding that the exception from workers' compensation exclusivity found in Mo. Rev. Stat. 287.040.4 applied. The Supreme Court affirmed, holding that the circuit court's findings regarding the application of section 287.040.4 were erroneous. View "State ex rel. Beutler, Inc. v. Honorable Sandra C. Midkiff" on Justia Law