Justia Labor & Employment Law Opinion Summaries

The Fifth Circuit affirmed the district court's denial of qualified immunity to defendants in a 42 U.S.C. 1983 action for conspiracy to commit retaliatory employment termination. The court concluded that plaintiff plausibly averred that defendants deprived him of his First Amendment rights, and that defendants had fair warning that using their respective government positions to violate plaintiff's First Amendment rights would be objectively unreasonable in light of clearly established law at the time. The court also concluded that plaintiff has also stated a claim for conspiracy under section 1983. View "Bevill v. Fletcher" on Justia Law

The Seventh Circuit affirmed the district court's grant of summary judgment in favor of USS on plaintiff's Americans with Disabilities Act (ADA) claim, concluding that USS carried its burden to show that plaintiff's seizure disorder would pose a direct threat to himself and others at its Midwest Plant. In this case, USS's judgment was premised on the consideration of adequate evidence, as contemplated by the ADA and supporting regulations. Furthermore, USS's imposition of restrictions was based on information pertinent to plaintiff's personal experience with his seizure disorder. Therefore, the assessment USS conducted was sufficiently individualized. The court agreed with the district court that whether plaintiff's seizure disorder was controlled is a material fact about which there is no genuine dispute.Applying the direct threat analysis and weighing factors such as duration of the risk, the nature and severity of potential harm, the likelihood of harm that will occur, and imminence of harm, the court concluded that all the factors weigh in favor of finding that there is a direct threat. Therefore, USS has shown through undisputed evidence that, if hired for the Utility Person position, plaintiff's seizure disorder would pose a direct threat to himself and others at the Midwest Plant. View "Pontinen v. United States Steel Corp." on Justia Law

The Supreme Court modified and affirmed the decision of the court of appeals holding that the decision of the North Carolina Industrial Commission should be reversed and this case remanded to the Commission for recalculation of Plaintiff's average weekly wage, holding that the court of appeals did not err.Plaintiff, an injured employee, received temporary disability benefits. Plaintiff later requested that his claim be assigned for a hearing, claiming that Defendant, his employer, had unilaterally lowered the amount of temporary total disability benefits that he had been receiving with respect to his back injury and that the parties could not agree with respect to the amount of benefits to which Plaintiff was entitled. The Commission determined that the fifth method for calculating Plaintiff's average weekly wage was appropriate for use in this case. The court of appeals reversed and remanded the case. The Supreme Court affirmed, holding that the findings and conclusions that the Commission made in support of its average weekly wages determination appeared to rest upon a misapplication of the applicable legal standard. View "Nay v. Cornerstone Staffing Solutions" on Justia Law

The issue this case presented for the New Hampshire Supreme Court arose from the New Hampshire Division of State Police's decision to terminate State Trooper Thomas Owens after an internal investigation. The Trooper appealed his termination to the New Hampshire Personnel Appeals Board (PAB), which reinstated him. The Division appealed, arguing that the PAB’s reinstatement of the Trooper was unjust and unreasonable because he was no longer qualified to be a state trooper. It also argued that the PAB erred as a matter of law when it reinstated the employee in contravention of public policy. Finding no reversible error, the Supreme Court affirmed the PAB. View "Appeal of New Hampshire Division of State Police" on Justia Law

The Court of Appeals held that N.Y. Labor Law 198-b, which prohibits wage kickbacks, does not contain an implied private right of action.Plaintiff, who worked as a math teacher at Utica Academy of Science Charter School, brought this action against the school and High Way Education, Inc. after the school failed to renew his contract. Plaintiff alleged that High Way and Utica jointly demanded and collected illegal kickbacks in violation of Labor Law 198-b. Supreme Court dismissed all causes of action against High Way except for the section 198-b claim. The appellate division reversed, dismissing the complaint against High Way in its entirety. The Court of Appeals affirmed, holding that Plaintiff failed to demonstrate that section 198-b meets the test for determining whether a private right of action can be implied from the statute. View "Konkur v. Utica Academy of Science Charter School" on Justia Law

In response to questions certified to it by the United States Court of Appeals for the Second Circuit, the Court of Appeals held that inferences of vesting of retiree health insurance rights when construing a collective bargaining agreement (CBA) are inconsistent with New York's established contract interpretation principles.In Kolbe v. Tibbetts, the Court of Appeals left open the question of whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement (CBA). The Supreme Court rejected such inferences as incompatible with ordinary contract principles under federal law, thus repudiating International Union, United Automobile, Aerospace, & Agriculture Implement Workers of America v. Yard-Man, Inc., 716 F2d 1476 (6th Cir 1983). In answering the questions certified to it in this case, the Court of Appeals (1) held that it maintains its traditional contract interpretation principles, including those set forth in Kolbe; but (2) clarified that New York's contract law does not recognize Yard-Man-type inferences. View "Donohue v. Cuomo" on Justia Law

Joseph alleged that Atwater terminated his employment as chief of police in violation of the Public Safety Officers Procedural Bill of Rights Act (POBRA) Gov. Code 3304(c): no chief of police may be removed from office without being provided written notice of the reasons “and an opportunity for administrative appeal.” Joseph claims the hearing offered by Atwater was not mutually scheduled, was not before a mutually selected neutral hearing officer, did not require the city to bear the burden of proof as to just cause for his termination, and did not require Atwater to present witnesses and allow them to be cross-examined. The trial court denied Joseph’s petition, concluding he was an at-will employee. Joseph’s employment agreement stated he could be removed as police chief for any reason; if the removal was not for willful misconduct, he had the option of continuing his employment by returning to the position of police lieutenant.The court of appeal reversed. Joseph was an at-will employee only as police chief and had rights to employment as a lieutenant that could be terminated only for cause. Before Atwater could terminate his right to employment as a lieutenant, it was required by POBRA to provide him with the type of administrative appeal afforded public safety officers who are terminable only for cause, including a full evidentiary hearing before a neutral fact-finder. View "Joseph v. City of Atwater" on Justia Law

The Supreme Court affirmed the decision of the district court reversing the decision of the Board of Trustees of Lincoln County School District Number Two dismissing Wyatt Earling from his teaching position pursuant to Wyo. Stat. Ann. 21-7-110(a)(ix), holding that there was no error.When Earling was hired in 2004, the District issued him an Apple laptop. Earling created an Apple ID and used that same ID on District-issued Apple devices for the next fifteen years. In 2018, personal photos and images from Earling's iPhone began synching to an iPad. When Superintendent Matt Erickson discovered inappropriate photos and images on the iPad, Earling was terminated. The district court reversed the Board's decision, concluding that substantial evidence did not support the decision. The Supreme Court affirmed, holding (1) the Board failed to furnish Earling a clear standard of conduct; and (2) the Board could not dismiss Earling for "[a]ny other good or just cause relating to the educational process" under Wyo. Stat. Ann. 21-7-110(a)(ix). View "Board of Trustees of Lincoln County School District Number Two v. Earling" on Justia Law

Ash challenged the Office of Personnel Management’s (OPM) denial of his application for disability retirement benefits. Ash asserted disparate treatment based on race and prior protected activity. The Merit Systems Protection Board (MSPB) affirmed. Ash appealed.The Federal Circuit transferred the case to the District of Maryland. Because this case involves an action that is appealable to the MSPB and a discrimination allegation, it is a mixed case. Under 5 U.S.C. 7703(b)(1)(A), an appellant generally must appeal a final MSPB decision to the Federal Circuit but if the appellant has been affected by an action that the appellant may appeal to the MSPB and alleges that a basis for the action was discrimination prohibited by enumerated federal statutes, then the appellant has a “mixed case” and must seek judicial review in federal district court. One of those enumerated federal statutes is 42 U.S.C, 2000e16, which prohibits racial discrimination with respect to “personnel actions.” An appeal arising from a benefits decision can be a “personnel action” giving rise to a mixed case. An OPM decision that adversely affects retirement “rights or benefits,” like the Ash decision, is a “personnel action,” 5 U.S.C. 8461(e), that is appealable to the MSPB and alleges discrimination. View "Ash v. Office of Personnel Management" on Justia Law

Plaintiff Keene School District appealed a superior court decision denying the School District’s petition to modify, correct or vacate an arbitrator’s award. The arbitration arose from grievances lodged by two teachers claiming that the School District’s 120-day delay in paying early retirement benefits violated the collective bargaining agreement (CBA) between the School District and the defendant, Keene Education Association (Association). The arbitrator concluded that the School District’s delay violated the CBA. Finding no reversible error, the New Hampshire Supreme Court affirmed the superior court. View "Keene School District v. Keene Education Association, NEA-NH" on Justia Law