Justia Labor & Employment Law Opinion Summaries

Cliff Provins appealed a district court judgment affirming an administrative law judge’s (“ALJ”) decision that affirmed a Workforce Safety and Insurance (“WSI”) order denying liability for his post-traumatic stress disorder (“PTSD”) and ending disability benefits in November 2019. After review, the North Dakota Supreme Court concluded the ALJ did not err in concluding Provins’s PTSD was not compensable, and a reasoning mind could reasonably conclude his physical injuries did not cause his PTSD. View "Provins v. WSI, et al." on Justia Law

The Supreme Court affirmed the court of appeals' decision reversing the trial court's judgment for Plaintiff after denying the motion for summary judgment filed by Defendant, the manufacturing company Johns Manville, holding that the court of appeals did not err in applying the relevant law when reviewing John Manville's motion for summary judgment.Plaintiff brought this action alleging that Johns Manville intentionally caused her husband to be injured while working. After the trial court denied Johns Manville's motion for summary judgment the jury found in favor of Plaintiff. The court of appeals reversed, holding that summary judgment should have been granted in John Manville's favor and that the case should not have been given to the jury. The Supreme Court affirmed after reaffirming that when reviewing a trial court's decision to deny summary judgment in cases in which a jury ultimately reached a verdict in the nonmoving party's favor, an appellate court must construe the evidence most strongly in favor of the nonmoving party when applying the law, holding that the court of appeals did not err in its review. View "Bliss v. Johns Manville" on Justia Law

Defendant, Simplified Labor Staffing Solutions, Inc. (Simplified) appealed an order denying its motion to compel arbitration of Plaintiff’s claims brought under the California Private Attorneys General Act of 2004 (PAGA). Simplified’s motion was based on Plaintiff’s predispute agreement to arbitrate all claims arising from their employment relationship. The trial court understandably denied the motion based on a rule followed by numerous California Courts of Appeal that predispute agreements to arbitrate PAGA claims are unenforceable.   The Second Appellate District reversed and held that this rule cannot survive the U.S. Supreme Court’s recent decision in Viking River Cruises, Inc. v. Moriana (2022) U.S.[142 S.Ct. 1906] (Viking River). The court further held that the scope of the arbitration clause is to be determined by the arbitrator in accordance with the arbitration agreement. Specifically, the parties’ dispute about whether nonindividual PAGA claims are governed by the arbitration agreement, in the same way, individual PAGA claims are, is an issue for the arbitrator to address. View "Lewis v. Simplified Labor Staffing Solutions, Inc." on Justia Law

Kirkland, a Maryville patrol officer, used her Facebook account to criticize the county sheriff. She belittled his public speaking abilities and referred to his supporters as “brainwashed minions.” Kirkland had previously worked as a Sheriff’s Office corrections officer. Kirkland had previous disciplinary issues. Kirkland’s supervisors became concerned that her posts would undermine the Department’s relationship with the Sheriff’s Office and asked her to stop. They also reprimanded her for other behavioral issues. Following Kirkland’s Facebook post claiming the sheriff had excluded her from a training event because she was female and opposed his reelection, Maryville fired Kirkland.Kirkland sued, citing First Amendment retaliation, Title VII, and the Tennessee Human Rights Act. The Sixth Circuit affirmed summary judgment in the city’s favor. Although the statements were made in Kirkland’s capacity as a private citizen and Maryville did not show Kirkland made the post with knowledge of, or reckless indifference to, its falsity, the balance of interests favored the city. The court noted the heightened need for order, loyalty, and efficiency in law enforcement. The city has “legitimate and powerful interests” as a law enforcement agency in preserving its working relationship with the Sheriff’s Office that outweigh Kirkland’s speech rights. View "Kirkland v. City of Maryville" on Justia Law

Nexstar Broadcasting, Inc. owns and operates numerous local television stations. Nexstar acquired KOIN-TV, a local television station in Portland, Oregon, from LIN Television Corporation (LIN). When it acquired KOIN-TV, Nexstar adopted the CBA between Local 51 and LIN. A union representative, began asking employees to sign a petition in support of the union, but a Nexstar manager allegedly interfered with her activities by interrupting her and telling her not to talk about the union or to hand out union bulletins.   Based on a finding that the Regional Director was likely to succeed on the merits of the complaint and applying an inference of likely irreparable harm, the district court granted a preliminary injunction. An administrative law judge ruled in favor of the Regional Director, finding that Nexstar had violated Section 8(a)(1) and (5) of the NLRA. The Board affirmed the ALJ decision and ordered relief for the union. The Ninth Circuit vacated the district court’s order granting a petition of the Regional Director of the National Labor Relations Board (“Board”) for preliminary injunctive relief.   The panel held that a Section 10(j) injunction proceeding is the type of case that is inherently limited in duration because the controversy over the injunction exists only until the Board issues its final merits decision. The panel concluded that the Section 10(j) injunction met the first prong. The panel held that the Section 10(j) injunction also met the exception’s second prong, because there was a reasonable expectation that the complaining party, Nexstar, will be subject to a petition for a Section 10(j) injunction in the future. View "RONALD HOOKS V. NEXSTAR BROADCASTING, INC." on Justia Law

Dr. Edenfield is a VAMC anesthesiologist. VAMC physicians had obtained informed consent for endoscopic procedures on the day of the procedure. A 2016 policy allowed mid-level practitioners (nurse practitioners, physician assistants) to obtain informed consent from patients. The change was approved by the National Center for Ethics in Health Care, the Credentialing Committee (several Quillen VAMC service chiefs), the Medical Executive Board (20 physicians), the Medical Center Director, and the regional Veteran Integrated Service Network. Edenfield argued that it was against VA policy for midlevel practitioners to obtain informed consent for endoscopic procedures, quoting the Veterans Health Administration Handbook. Edenfield resigned as the supervisor of the Pre-Operative Clinic. Two years later, although his supervisor recommended that Edenfield receive a pay increase, a VAMC panel denied him a raise. Edenfield alleged retaliation and resigned as Chief of Anesthesiology, then filed an unsuccessful complaint with the Office of Special Counsel, citing the Whistleblower Protection Act. The Merit Systems Protection Board denied Edenfield’s request for corrective action, finding that his statements were not protected disclosures under 5 U.S.C. 2302(b)(8).The Federal Circuit reversed. Edenfield’s interpretation reflected an ambiguity In the Handbook and was reasonable; the Board erred in holding that Edenfield did not have a reasonable belief that he was making a protected disclosure and erred by relying on information that would not have been readily ascertainable by a disinterested observer. Such information cannot support a finding that Edenfield’s belief was unreasonable. View "Edenfield v. Department of Veterans Affairs" on Justia Law

The Supreme Court reversed the decision of the Workers' Compensation Court of Appeals (WCCA) reversing the rulings of the compensation judge finding that C. Jeremy Lagasse was entitled to contingent fees under Minn. Stat. 176.081, subd. 1(c) and that Larry Horton was entitled to partial reimbursement of fees under Minn. Stat. 176.081, subd. 7, holding that the WCCA incorrectly applied subdivision 1(c) in its standard of review.Horton, who was injured during his employment with Aspen Waste Systems and sought permanent partial disability (PPD) benefits through Aspen's insurer (Insurer), retained Lagasse to represent him in the matter. The compensation judge determined that Lagasse was entitled to contingent fees and that Horton was entitled to partial reimbursement of fees. The WCCA reversed. The Supreme Court reversed and remanded the case for further proceedings, holding (1) the WCCA incorrectly applied subdivision 1(c); and (2) the compensation judge and the WCCA incorrectly applied subdivision 7. View "Lagasse v. Horton" on Justia Law

ADT installs and services security systems. Before 2020, ADT had offices in Rockford, Illinois, and Madison, Wisconsin. Since 1994 the Rockford employees have been represented by a union. The most recent collective bargaining agreement ran from 2017-2020. The Madison employees were not represented by a union. In 2019 ADT announced that it would close both the Rockford and Madison facilities and combine the operations in a new Janesville, Wisconsin office, stating that the Rockford employees would “stay in the Union.” A few months later, ADT purportedly withdrew recognition of the Rockford union, based on a decertification petition that had not been signed by any member of the certified bargaining unit. ADT then unilaterally changed several terms and conditions of the union members’ employment.The union filed unfair labor practice charges. The NLRB found that ADT had unlawfully withdrawn recognition from the union, unlawfully made unilateral changes to the Rockford unit employees’ terms and conditions of employment, and unlawfully interrogated and threatened a Rockford unit employee about his support for the union. Citing ADT’s history as “a recidivist violator” and “its evident disdain” for the rights of employees, the Board issued a broad remedial order. The Seventh Circuit granted a petition for enforcement, calling the situation a “disappointing and transparent attempt by an employer to avoid its obligations under the National Labor Relations Act, 29 U.S.C. 151.” View "ADT, LLC v. National Labor Relations Board" on Justia Law

After Clifford Bufford, an employee of Borbet Alabama, Inc., injured his left arm in a workplace accident, he sued seven of his co-employees claiming that his injury was the result of their willful conduct. The co-employees sought summary judgment, arguing that they were immune from suit under Alabama's Workers' Compensation Act ("the Act") because, they said, there was no evidence to support Bufford's claims. Bufford voluntarily dismissed his claims against all the defendants except the petitioner, maintenance supervisor Jeffrey Varoff. The circuit court then denied Varoff's motion for summary judgment. He petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to enter judgment in his favor on the basis of the immunity afforded by the Act. We grant the petition and issue the writ. The Supreme Court concurred there was not evidence in the trial court record that would support a finding that Varoff had engaged in willful conduct as that term was described in § 25-5-11(c). The Court held Varoff was immune from liability under § 25-5- 53. Accordingly, the trial court erred by denying Varoff's motion for summary judgment. His petition was therefore granted, and the trial court directed to vacate its order denying Varoff's motion. View "Ex parte Jeffrey Varoff." on Justia Law

A Mississippi trial court denied Watercolor Salon LLC’s motion for a temporary restraining order and preliminary injunction filed against Watercolor’s former employee Nealie Hixon. The motion was based on an employment, confidentiality, and noncompetition agreement. Because Nealie was twenty years old and thus legally a minor when she entered the agreement, the trial court held the agreement was unenforceable. On appeal, Watercolor argues its employment agreement meets the statutory exception that permits minors eighteen years or older to enter into enforceable contracts “affecting personal property.” The Mississippi Supreme Court found Watercolor's logic was flawed and stretched the statutory minor disability exception too far. "Just because an employment contract restricts an employee from taking intellectual property or covers what happens upon breach or termination does not completely change the fundamental nature of the contract. And here the fundamental nature of the contract was a noncompetition agreement that Nealie would give up her ability to work in a certain geographical area for a fixed time in exchange for continued employment at a higher hourly wage. So this employment contract was simply a contract affecting Nealie’s right to work, not her personal property. Thus, the statutory exception does not apply. And because Nealie disaffirmed the contract, it is unenforceable against her." The Court affirmed the denial of Watercolor's motion for injunctive relief, which was based solely on the unenforceable agreement. Whether Watercolor had any remaining claims against Nealie that were not based on the contract, such as the taking of trade secrets, remained to be determined on remand. View "Watercolor Salon, LLC v. Hixon" on Justia Law