Justia Labor & Employment Law Opinion Summaries

Tradesmen International and Laborworks Industrial Staffing Specialists were staffing agencies that placed temporary workers with host employers. Tradesmen staffed a worker at a Dochnahl Construction site. Laborworks staffed workers at a Strategic Materials recycling facility. The Department of Labor and Industries (Department) cited the staffing agencies for Washington Industrial Safety and Health Act (WISHA) violations arising from the staffing operations. In both cases, the citations were vacated by the Board of Industrial Insurance Appeals (Board), finding that the staffing agencies were not liable employers under WISHA. The Department appealed the decisions to the superior court. As to Laborworks, the superior court reinstated the citations, and as to Tradesmen, the superior court affirmed the Board and vacated the citations. In both cases, the Court of Appeals determined that the staffing agencies were not liable employers under WISHA and vacated the citations. After its review, the Washington Supreme Court affirmed the Court of Appeals as to Tradesmen and reversed as to Laborworks. View "Dep't of Labor & Indus. v. Tradesmen Int'l, LLC" on Justia Law

The Supreme Court affirmed the judgment of the district court affirming the determination of the Medical Commission Hearing Panel that Scott Triplett failed to meet his burden to show entitlement to a right hip replacement, holding that the Medical Panel's decision was neither arbitrary or capricious.The Medical Panel determined that Triplett did not meet his burden of proof to establish that the hip replacement surgery was a reasonable and necessary medical treatment for any injury related to his work injury. The district court affirmed. The Supreme Court affirmed, holding that the Medical Panel's determination was supported by substantial evidence and was not arbitrary, capricious, or otherwise contrary to law. View "Triplett v. State, ex rel. Department of Workforce Services" on Justia Law

The Supreme Court affirmed the court of appeals' decision affirming the opinion, workers' compensation award, and order of the administrative law judge (ALJ) determining that Appellee was permanently and totally disabled, holding that there was no error.Appellee was injured during the course and scope of his employment. An ALJ determined that Appellee was permanently, totally disabled. The Workers' Compensation Board affirmed. The Supreme Court affirmed, holding (1) Appellee's testimony regarding his psychological medical conditions was competent evidence; (2) the ALJ did not rely solely upon psychological testimony to find Appellee was permanently, totally disabled; and (3) there was substantial evidence in the record to sustain the ALJ's opinion and award. View "Time Warner Cable, Inc. v. Smith" on Justia Law

The Supreme Court reversed the court of appeals' decision that invalidated Ky. Rev. Stat. 341.470(3) on constitutional grounds, holding that Appellant lacked standing to question the validity of the statute.After he was discharged from his employment with a corporation for misconduct related to his work Appellant made a claim for unemployment insurance (UI) benefits. A referee denied benefits, and the Kentucky Unemployment Insurance Commission affirmed. On appeal, Appellant argued that a non-attorney employee appearing on behalf of the corporation at the UI referee hearings, as authorized by section 341.470(3), was impermissibly engaging in the practice of law. The court of appeals reversed, concluding that corporations must be represented by counsel at UI referee hearings. The Supreme Court remanded the case, holding that Appellant lacked standing to contest the constitutional validity of section 341.470(3) because he failed to show an injury in fact or that he suffered any harm from the corporation's lack of legal representation. View "Kentucky Unemployment Insurance Commission v. Nichols" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's determination that the Board of Trustees of the Kentucky Retirement Systems' (Board) investment authority with respect to the County Employees Retirement System (CERS) was governed by Ky. Rev. Stat. 61.650, holding that there was no error.The Cities of Fort Wright, Covington, Taylor Mill, and Independence (the Cities) brought this action alleging improper investments by the Board in its management of CERS. The trial court granted the Board's motion for declaratory judgment, determining that the Board had broad discretion in making investments, see Ky. Rev. Stat. 61.650 and 61.545(21), and therefore, its investments were lawful. The court of appeals affirmed. At issue on appeal was whether the Board's authorized investments were controlled broadly by section 61.650, as argued by the Board, or more restrictively by Ky. Rev. Stat. 78.790, as argued by the Cities. The Supreme Court affirmed, holding that the circuit court correctly determined that the Board's investment authority was governed by section 61.650 and not by section 78.790. View "City of Fort Wright v. Board of Trustees of Kentucky Retirement Systems" on Justia Law

The New Hampshire Department of Transportation (DOT) appealed a New Hampshire Public Employee Labor Relations Board (PELRB) order finding that DOT committed an unfair labor practice when it implemented a new commercial driver’s license (CDL) medical card requirement for certain current DOT employees. In early April 2019, DOT unilaterally revised the minimum qualifications necessary for certain positions so that they now require an employee to have a CDL medical card. DOT notified the Union that the new minimum qualifications apply to new hires and to current employees only upon being promoted (even temporarily), demoted, or transferred to a position that now required a CDL medical card. Thus, a current employee occupying a position that now required a CDL medical card need not obtain a card to remain in his or her current position. The employee had to obtain a CDL medical card only if he or she wqw promoted, demoted, or transferred to a different position requiring a CDL medical card. The Union filed an unfair labor practice complaint against DOT asserting that, by adopting the medical card requirement for current employees, DOT failed to negotiate a mandatory subject of bargaining and improperly implemented a unilateral change in the terms and conditions of employment for affected employees. The Union did not challenge the new CDL requirement for new hires. DOT opposed the complaint, arguing that requiring certain current DOT employees to obtain CDL medical cards in connection with a position change was a matter of managerial prerogative and a prohibited subject of bargaining. Following a hearing, the PELRB ruled in favor of the Union. Finding no reversible error, the New Hampshire Supreme Court Affirmed the PELRB's order. View "Appeal of New Hampshire Department of Transportation" on Justia Law

Isabel Garibay appealed a trial court's confirmation of a class action settlement reached between Josue Uribe and Crown Building Maintenance Company (Crown). Uribe sued Crown as an individual regarding alleged Labor Code violations for failure to reimburse him for the cost of uniform cleaning and required footwear as a day porter doing janitorial-type work. Uribe’s suit also included a cause of action in a representative capacity for civil penalties and injunctive relief under the Labor Code Private Attorneys General Act of 2004 (PAGA). The parties reached a settlement conditioned on Uribe filing an amended complaint converting his lawsuit into a class action on his Labor Code claims and including unreimbursed employee cell phone usage costs as an additional basis for both his Labor Code and PAGA causes of action. Garibay, an unnamed member of the class once it was formed, had earlier filed in the Alameda County Superior Court a putative class action asserting Labor Code claims for unreimbursed cell phone use by Crown employees, together with a representative PAGA cause of action on that basis. When Uribe and Crown sought preliminary approval of their agreement to settle Uribe’s lawsuit on a class-wide basis, the trial court authorized Garibay to intervene as a named party in the lawsuit to oppose the settlement. The trial court later granted Uribe’s motion for preliminary approval of the settlement, and then Crown and Uribe’s joint motion for final approval. Meanwhile, the Judicial Council had referred Crown’s petition to coordinate Uribe’s and Garibay’s lawsuits to the presiding judge of the Alameda court to appoint a judge to hear the petition; that appointment remained pending at the time the judgment in Orange County was entered. After the parties advised the Alameda court no stay had been entered in the coordination proceedings, the court subsequently entered judgment. Garibay challenged the settlement after the trial court declined to rule on both Crown’s motion to dismiss Garibay’s complaint in intervention and Garibay’s motion to vacate the judgment. The Court of Appeal found Uribe's PAGA notice did not encompass a claim for unreimbursed cell phone expenses, making the notice was inadequate to support Uribe’s PAGA cause of action on that theory in his lawsuit. And because Uribe and Crown’s agreement did not allow for severance of nonviable settlement terms, judicial approval of a settlement that included Uribe’s PAGA cause of action could not survive review. The Court therefore reversed the judgment. View "Uribe v. Crown Building Maintenance Co." on Justia Law

Plaintiff Nicholas Roberts appealed the district court’s grant of summary judgment in favor of Defendants James Winder, Rosie Rivera (solely in her official capacity as Salt Lake County Sheriff), and the Unified Police Department of Greater Salt Lake (“UPD”) (collectively, “Defendants”) on Roberts’ 42 U.S.C. 1983 and the Age Discrimination in Employment Act (“ADEA”) claims. All of his claims arose from his removal as Range Master-Firearms Instructor (“Range Master”). On March 1, 2017, at Winder’s request, Undersheriff Scott Carver and Chief Deputy Shane Hudson met with Roberts and informed him that the Range Master position was being eliminated. Hudson told Roberts he would be reassigned to patrol duties and his pay would be reduced. On March 9, Roberts, through counsel, sent a letter to Winder objecting to his removal, reassignment, and pay reduction. Winder treated Roberts’ letter as a grievance and rejected the grievance, explaining that the Range Master was subject to transfer under Merit Commission Policy 3140, Range Master was a specialist position, and Roberts’ merit rank was “sergeant.” The UPD Board later ratified Winder’s decision to remove Roberts as Range Master and reassign him to patrol duties as a sergeant. Winder later assigned Todd Griffiths, a merit rank Lieutenant four years younger than Roberts, to oversee the shooting range. Roberts did not appeal his grievance, and instead filed this complaint in the district court. In June 2017, after Roberts initiated this lawsuit, the UPD conducted two investigations of Roberts’ management of the Range. Both investigations described failures in Roberts’ performance as Range Master. The district court granted partial summary judgment to Defendants on Roberts’ declaratory judgment and due process claims, finding that Roberts did not have a property interest in his position as Range Master, and thus his reassignment did not violate due process. Alternatively, the district court held that Roberts waived his due process claims by failing to appeal Winder’s decision to the Merit Commission. After review, the Tenth Circuit found no reversible error and affirmed the grant of summary judgment in favor of defendants. View "Roberts v. Winder, et al." on Justia Law

Plaintiff filed suit under the Fair Labor Standards Act (FLSA) and the New York Labor Law, alleging that she was entitled to unpaid overtime wages, liquidated damages, and attorneys' fees. The Second Circuit certified to the New York Court of Appeals a question regarding what preclusive effect a judgment of the small claims court has on a subsequent wage-and-hour action. Guided by the Court of Appeals' ruling that traditional claim preclusion principles apply to judgments of the small claims court, the court affirmed the district court's dismissal of plaintiff's suit on claim-preclusion grounds. The court also held that claim preclusion is a valid defense to an action brought under the FLSA. View "Simmons v. Trans Express Inc." on Justia Law

Plaintiff-appellant John Tompkins worked as a physician at the United States Department of Veterans Affairs (“VA”) in Oklahoma City, Oklahoma for thirty years. From 2012 through 2016, he served as Chief of Surgery. In 2017, he was terminated from his position as a physician based on administrative deficiencies during his tenure as Chief of Surgery. After exhausting the VA’s administrative remedies, Tompkins filed suit claiming entitlement to: (1) review under the Administrative Procedures Act (“APA”); and (2) relief under the Fifth Amendment’s Due Process Clause. Tompkins appealed a district court order dismissing his complaint without prejudice based on his failure to identify an applicable waiver of the government’s sovereign immunity. After review, the Tenth Circuit Court of Appeals found no error in the district court's dismissal of Tompkins' complaint for lack of jurisdiction, and affirmed. View "Tompkins v. DOVA, et al." on Justia Law