Justia Labor & Employment Law Opinion Summaries
National Labor Relations Board v. United Scrap Metal PA, LLC
United Scrap Metal PA, LLC (USM) was found by the National Labor Relations Board (NLRB) to have engaged in unfair labor practices during a union organizing campaign. Specifically, USM unlawfully changed employees’ work schedules shortly after a unit of employees elected Laborers’ International Union of North America, Local 57, as their exclusive collective bargaining representative. The NLRB also overruled USM’s objections to the election result and certified the union. Additionally, USM was found to have unlawfully refused to bargain with and provide information to Local 57.The administrative law judge (ALJ) found that USM violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by instructing employees not to accept union organizing material and by confiscating union shirts. The ALJ also found that USM discriminatorily changed its employees’ work schedules after the representation election. USM argued that the changes were due to the economic impact of the COVID-19 pandemic, but the Board found this justification not credible, noting that USM had not cut hours or overtime for most of the pandemic and that the timing of the changes immediately after the election suggested retaliation for union activity.The United States Court of Appeals for the Third Circuit reviewed the case. The court granted the NLRB’s applications for enforcement and denied USM’s cross-petitions for review. The court held that substantial evidence supported the Board’s findings that USM engaged in unfair labor practices and that the union election was conducted fairly. The court also agreed with the Board’s decision to overrule USM’s objections to the election and found that USM’s refusal to bargain with the union violated Sections 8(a)(5) and (1) of the NLRA. The court concluded that the Board’s orders were final and reviewable, and that the Board’s factual determinations were supported by substantial evidence. View "National Labor Relations Board v. United Scrap Metal PA, LLC" on Justia Law
Bodge v. Commonwealth
The plaintiffs, all State troopers, filed a lawsuit against the Commonwealth and the heads of the State Police and the State Board of Retirement. They claimed that the defendants' policy of denying the accrual of benefits, such as seniority, length-of-service credit, and vacation and sick time while on leave under the Paid Family and Medical Leave Act (PFMLA), violated the act. Additionally, they argued that the policy discriminated against female employees in violation of other state laws.A Superior Court judge dismissed the portion of the complaint alleging violations of the PFMLA. The judge concluded that the act does not guarantee the accrual of benefits during PFMLA leave. The plaintiffs then sought clarification on the interpretation of the act, and the case was reported to the Appeals Court. The Supreme Judicial Court of Massachusetts transferred the case to itself for review.The Supreme Judicial Court of Massachusetts held that the PFMLA does not require employers to guarantee the accrual of vacation and sick time during an employee's leave. The court interpreted the plain language of the statute, particularly sections 2(e) and 2(f), and concluded that while employees must be restored to their previous position with the same status and benefits upon returning from leave, the act does not mandate the continued accrual of benefits during the leave period. The court affirmed the lower court's dismissal of the PFMLA claims and remanded the case for further proceedings consistent with its opinion. View "Bodge v. Commonwealth" on Justia Law
Sanchez v. Sundely
Two employees sued their employers, alleging underpayment for work at a restaurant due to improper wage deductions for meal breaks. The employers deducted thirty minutes twice daily for breakfast and lunch breaks, but the employees claimed their breaks lasted only ten to fifteen minutes each.The Superior Court of the District of Columbia held a bench trial and found in favor of the employers, concluding that the breaks lasted at least twenty minutes. The court based its decision on the credibility of the employees' testimony and other evidence, including testimony from another employee and the restaurant's rules. The employees appealed, arguing that the trial court's findings were clearly erroneous and that the breaks should have been classified as compensable rest periods.The District of Columbia Court of Appeals reviewed the case and determined that the trial court had clearly erred in its evaluation of the employees' credibility and the evidence. The appellate court noted that the trial court misunderstood key aspects of the employees' testimony and other evidence. Consequently, the appellate court vacated the trial court's judgment and remanded the case for further examination of the evidence.The appellate court did not decide whether the breaks should be classified as rest periods, as this determination depends on the length of the breaks, which the trial court must reassess on remand. The burden of proof remains on the employees to demonstrate that their meal breaks were compensable. View "Sanchez v. Sundely" on Justia Law
Greene v. D.C. Child & Family Services Agency
Christian Greene, the Ombudsman for the District of Columbia Child & Family Services Agency (CFSA), was terminated from her position and subsequently filed a lawsuit against the District, claiming her termination violated the District of Columbia Whistleblower Protection Act (WPA). Greene argued that her termination was in retaliation for her disclosures about CFSA's non-compliance with the Foster Youth Statements of Rights and Responsibilities Amendment Act of 2012 (FYAA).The Superior Court of the District of Columbia granted summary judgment in favor of CFSA, concluding that Greene's disclosures were merely policy disagreements about the role of the Ombudsman and not protected under the WPA. The court did not address whether Greene reasonably believed her disclosures revealed unlawful activity or whether there was a causal connection between her disclosures and her termination.The District of Columbia Court of Appeals reviewed the case and found that Greene's disclosures were indeed protected under the WPA. The court held that Greene reasonably believed her disclosures revealed violations of the FYAA, which required CFSA to report on the outcomes of investigations and ensure compliance with relevant laws. The court noted that Greene's belief was genuine and reasonable, given the evidence she provided and the context of her role.The Court of Appeals reversed the trial court's grant of summary judgment in part and remanded the case for further proceedings. The trial court was instructed to determine whether there is a genuine dispute of material fact regarding whether Greene's WPA-protected disclosures were a cause of her termination. View "Greene v. D.C. Child & Family Services Agency" on Justia Law
Mayfield v. Department of Labor
Robert Mayfield, a small-business owner operating thirteen fast-food restaurants in Austin, Texas, challenged the Department of Labor's (DOL) 2019 Minimum Salary Rule. This rule raised the minimum salary required to qualify for the White Collar Exemption under the Fair Labor Standards Act (FLSA) from $455 per week to $684 per week. Mayfield argued that the DOL exceeded its statutory authority by imposing any salary requirement and that such a requirement violated the nondelegation doctrine.The United States District Court for the Western District of Texas granted summary judgment in favor of the DOL, finding that the 2019 Minimum Salary Rule was within the DOL's authority to define and delimit the terms of the White Collar Exemption. The court also held that this delegation of authority did not violate the nondelegation doctrine.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The Fifth Circuit held that the DOL's authority to define and delimit the terms of the White Collar Exemption included the power to set a minimum salary level. The court found that this power was explicitly delegated by Congress and was not an unconstitutional delegation of legislative power. The court also determined that the major questions doctrine did not apply, as the economic and political significance of the rule did not meet the threshold for invoking the doctrine. Additionally, the court concluded that the FLSA's purpose and the text of the exemption itself provided sufficient guidance to satisfy the nondelegation doctrine's requirements. View "Mayfield v. Department of Labor" on Justia Law
Quickway Transp., Inc. v. NLRB
Quickway Transportation, Inc. (Quickway) petitioned the United States Court of Appeals for the Sixth Circuit to review a National Labor Relations Board (NLRB) order in an unfair labor practice proceeding. The NLRB cross-petitioned for enforcement of its order. The case involved Quickway's cessation of operations at its Louisville terminal, which the NLRB found violated the National Labor Relations Act (NLRA). Quickway argued that the NLRB's findings were not supported by substantial evidence and that the Board's remedial order was overly burdensome.The Administrative Law Judge (ALJ) initially found that Quickway violated the NLRA by ceasing operations at the Louisville terminal due to anti-union animus, failing to bargain over the cessation and its effects, and engaging in coercive and retaliatory actions against employees. The NLRB affirmed the ALJ's findings and ordered Quickway to reopen the Louisville terminal, reinstate employees, and compensate them for lost earnings and benefits.The Sixth Circuit reviewed the NLRB's decision under a substantial evidence standard and found that the Board's conclusions were supported by substantial evidence. The court noted that Quickway's decision to close the Louisville terminal was motivated by anti-union animus and aimed at chilling unionization efforts at other terminals. The court also upheld the Board's finding that Quickway failed to bargain in good faith over the decision and its effects.The court affirmed the NLRB's remedial order, including the requirement for Quickway to reopen the Louisville terminal and reinstate employees. The court found that the Board did not abuse its discretion in ordering these remedies and that Quickway failed to demonstrate that the restoration order would be unduly burdensome. The court denied Quickway's petition for review and granted the NLRB's cross-application for enforcement of its order in full. View "Quickway Transp., Inc. v. NLRB" on Justia Law
Galvan v. State of Indiana
Rene Galvan, a former employee of the Indiana Department of Child Services (DCS), filed a lawsuit against the State of Indiana and his former supervisor, Joanie Crum, alleging race and sex discrimination, retaliation, and a violation of his Fourteenth Amendment right to due process. Galvan, a large Mexican male, claimed he was terminated based on his race and sex and retaliated against for his complaints of discrimination. He also alleged that Crum deprived him of his property rights without due process. The district court granted summary judgment in favor of the defendants, and Galvan appealed.The United States District Court for the Southern District of Indiana granted summary judgment to the defendants, finding no evidence that Galvan’s termination was based on race or sex discrimination. The court noted that Galvan’s performance issues, including his judgment regarding child safety and professional demeanor, were well-documented. The court also found no causal connection between Galvan’s complaints of discrimination and his termination, dismissing his retaliation claim. Additionally, the court held that Galvan received adequate due process before his termination, as he was given notice of the charges and an opportunity to respond.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo and affirmed the district court’s decision. The appellate court agreed that Galvan failed to provide sufficient evidence to support his claims of discrimination and retaliation. The court also found that the pre-termination procedures provided to Galvan met the requirements of due process, as he was given notice of the charges and an opportunity to respond. The court concluded that the district court properly granted summary judgment in favor of the defendants. View "Galvan v. State of Indiana" on Justia Law
SILLOWAY V. CITY AND COUNTY OF SAN FRANCISCO
Staff nurses employed by the City and County of San Francisco alleged that the City violated the Fair Labor Standards Act (FLSA) by not paying them time-and-a-half for overtime work. The City argued that the nurses were exempt from this requirement under the FLSA's professional-capacity exemption, claiming that the nurses were paid on a salary basis. The nurses contended that they were paid on an hourly basis, as their annual compensation was divided into hourly rates and they were paid only for hours worked.The United States District Court for the Northern District of California granted summary judgment in favor of the City, concluding that the annual pay figures published in the salary ordinance provided definitive evidence that the nurses were compensated on a salary basis. The court found the nurses' hourly pay rates to be an administrative tool and dismissed the nurses' claims of improper pay deductions.The United States Court of Appeals for the Ninth Circuit reversed the district court's decision. The appellate court held that the district court erred by relying on the salary ordinance and not examining how the nurses were actually paid. The proper focus for the salary basis test is whether an employee receives a predetermined amount of compensation on a weekly or less frequent basis. The court found that material factual questions remained regarding whether the City satisfied the salary basis test in practice. Specifically, the court noted discrepancies in the payroll data that suggested the nurses might not have received their predetermined compensation in certain pay periods. The court also found that the City did not provide evidence of reimbursing the nurses for any improper deductions, which precluded the use of the "window of correction" defense. The case was remanded for further proceedings to resolve these factual issues. View "SILLOWAY V. CITY AND COUNTY OF SAN FRANCISCO" on Justia Law
Nam v. Permanent Mission of the Republic of Korea to the United
A former chauffeur, Hyunhuy Nam, filed a lawsuit against the Permanent Mission of the Republic of Korea to the United Nations, alleging violations of federal, state, and city wage-and-hour and anti-discrimination laws. Nam, a South Korean citizen and U.S. permanent resident, was employed by the Mission as a chauffeur. His duties included driving high-level officials, adhering to diplomatic protocols, and maintaining confidentiality of classified information. Nam was required to undergo a high-level security clearance and sign annual confidentiality agreements. He was eventually terminated at age 61, after his contract was extended due to his wife's job loss during the pandemic.The United States District Court for the Southern District of New York denied the Mission's motion to dismiss, holding that Nam's employment fell within the "commercial activity" exception to the Foreign Sovereign Immunities Act (FSIA). The court later granted Nam's motion for partial summary judgment, awarding him damages and interest on his wage-and-hour claims, while the remaining claims were set for trial. The Mission appealed, arguing that it was immune under the FSIA.The United States Court of Appeals for the Second Circuit vacated the district court's decision and remanded the case for further proceedings. The appellate court held that the district court erred in granting summary judgment to Nam without resolving factual disputes regarding the nature of his employment. The court emphasized that the district court should have considered whether Nam's employment was governmental or commercial in nature, taking into account the context of his duties and the security measures involved. The appellate court instructed the district court to weigh the evidence, resolve conflicts, and, if necessary, conduct an evidentiary hearing to determine the applicability of the FSIA's commercial activity exception. View "Nam v. Permanent Mission of the Republic of Korea to the United" on Justia Law
McNellis v. Douglas County School District
Corey McNellis, a former Athletic Director and Assistant Principal at Ponderosa High School in the Douglas County School District (DCSD), was placed on administrative leave and subsequently terminated after expressing reservations about a school play, "The Laramie Project," in a staff email chain. McNellis offered to add a "Christian perspective" to the production, which led to his investigation and termination.McNellis sued DCSD in the United States District Court for the District of Colorado, alleging First Amendment retaliation under 42 U.S.C. § 1983, and religious discrimination and retaliation under Title VII and Colorado law. The district court dismissed the case under Federal Rule of Civil Procedure 12(b)(6), finding that McNellis failed to state a plausible claim for relief.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the dismissal of McNellis's First Amendment retaliation claim, concluding that his speech was made pursuant to his official duties and not as a private citizen. The court also affirmed the dismissal of his retaliation claims under Title VII and CADA, finding that McNellis failed to plausibly allege a causal connection between his complaints about the investigation and his termination.However, the Tenth Circuit reversed the dismissal of McNellis's discrimination claims under Title VII and CADA. The court found that McNellis had plausibly alleged that his termination was linked to his religious comments, which could give rise to an inference of discrimination. The case was remanded for further proceedings on these claims. View "McNellis v. Douglas County School District" on Justia Law