Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

The Ninth Circuit affirmed the district court's adverse grant of summary judgment against plaintiff's Title VII lawsuit. The panel held that the undisputed facts clearly show that plaintiff was Castle's independent contractor and thus not entitled to Title VII protections. In this case, plaintiff was paid, taxed, and received benefits like an independent contractor; plaintiff's obligations to Castle were limited, providing him the freedom to run his own private practice; the contracts between Castle and plaintiff described him as an independent contractor. The panel stated that other factors also weighed in favor of plaintiff being an independent contractor. View "Henry v. Adventist Health Castle Medical Center" on Justia Law

The Ninth Circuit denied Delta's petition for review challenging the Board's order ruling that it committed an unfair labor practice when it decreased its employees' hourly pension contribution rate to the Pacific Coast Shipyards Pension Fund without first notifying or bargaining with their union. The panel granted the Board's cross-application for enforcement of its order.The panel held that the Board properly ruled that the "written agreement" requirement, defining pension contributions, in Section 302(c)(5)(B) of the Labor Management Relations Act (LMRA), was satisfied in this case. The panel explained that substantial evidence supported the Board's finding that Schedule A was incorporated into the collective bargaining agreement (CBA) and that the CBA met Section 302's requirements. The panel also held that the Board properly ruled that Delta's failure to notify or bargain with its union over the pension contribution rate decrease was an unfair labor practice under Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (NLRA). View "Delta Sandblasting Co., Inc. v. National Labor Relations Board" on Justia Law

The Ninth Circuit affirmed the district court's order denying plaintiff's motion for class certification in an action challenging the written rest-break policy of O'Reilly Auto. Plaintiff raised procedural and substantive arguments on appeal.The panel held that the district court did not abuse its discretion in setting and enforcing a deadline for moving to certify the class; the district court did not abuse its discretion in denying plaintiff's motion for class certification while at the same time granting her an additional month to develop evidence and submit a supplemental brief; and plaintiff was unable to establish that there were questions of law or fact common to the class where she failed to offer any evidence that the written policy was applied to employees. Finally, plaintiff waived her right to appeal the dismissal of her wage-statement claim. View "Davidson v. O'Reilly Auto Enterprises, LLC" on Justia Law

The Ninth Circuit reversed the district court's dismissal of actor Ashley Judd's sexual harassment claim under California Civil Code section 51.9 against producer Harvey Weinstein. Judd alleged that, in the late 1990s, Weinstein sexually harassed her during a general business meeting and derailed her potential involvement in the film adaptation of "The Lord of the Rings" book trilogy.The panel held that, as alleged, section 51.9 plainly encompasses Judd and Weinstein's relationship, which was "substantially similar" to the "business, service, or professional relationship[s]" enumerated in the statute. The panel explained that the relationship between Judd and Weinstein was characterized by a considerable imbalance of power substantially similar to the imbalances that characterize the enumerated relationships in section 51.9. The panel stated that, by virtue of his professional position and influence as a top producer in Hollywood, Weinstein was uniquely situated to exercise coercive power or leverage over Judd, who was a young actor at the beginning of her career at the time of the alleged harassment. Furthermore, given Weinstein's highly influential and "unavoidable" presence in the film industry, the relationship was one that would have been difficult to terminate "without tangible hardship" to Judd, whose livelihood as an actor depended on being cast for roles. The panel rejected Weinstein's arguments to the contrary and held that Judd sufficiently alleged a claim under section 51.9. Accordingly, the panel remanded for further proceedings. View "Judd v. Weinstein" on Justia Law

The Ninth Circuit certified to the Oregon Supreme Court the following question: Does Oregon Revised Statutes 31.710(1) cap the noneconomic damages awarded on an employment discrimination claim under Oregon Revised Statutes 659A.030? View "Zweizig v. Rote" on Justia Law

The Ninth Circuit reversed the district court's order compelling arbitration of a labor dispute between a waste management company, NASA Services, and the union. The company and union signed a Labor Peace Agreement containing an arbitration clause, and the agreement's terms were expressly conditioned upon the City entering into an exclusive franchise agreement with NASA.The panel held that the agreement clearly and unambiguously contains a condition precedent to formation that is both ascertainable and lawful. Therefore, NASA and the union were parties to a proposed agreement that would become operative, effective, and enforceable if and only if the condition precedent therein was satisfied. Consequently, the condition failed and the district court may not compel arbitration. View "International Brotherhood of Teamsters, Local 396 v. NASA Services, Inc." on Justia Law

The Ninth Circuit affirmed the NLRB's decision that PSAV did not violate the Act by failing to produce documents responsive to Local 15's first document request. At issue in this collective bargaining case was whether PSAV effectively retracted its claim of inability to pay the union's wage and benefits proposals, thereby limiting its obligation to produce financial documents to the union, and whether PSAV failed to bargain in good faith.The panel held that substantial evidence supported the Board's findings that PSAV did retract its inability-to-pay claim. In this case, PSAV did not refer to financial nonviability after retracting its inability-to-pay claim, nor does the larger context of the parties' negotiations suggest that PSAV’s position was based on a lack of financial viability. The panel also held that PSAV's conduct both at and away from the bargaining table did not establish that it acted in bad faith in violation of the National Labor Relations Act. View "International Alliance of Theatrical Stage Employees v. National Labor Relations Board" on Justia Law

Luna is a former employee of Hansen, which employs over 1,100 big rig truckers, mechanics, dispatchers, and other support staff. Hansen’s hiring process involved a Commercial Driver Employment Application, which included notices and authorizations permitting Hansen to retrieve safety history and driving records, and conduct drug and background checks. Job applicants signed “the disclosure,” which appeared on a separate sheet of paper, and informed applicants “that reports verifying your previous employment, previous drug and alcohol test results, and your driving record may be obtained on you for employment purposes,” and “the authorization,” at the end of the Application, which indicated that an applicant’s signature authorized Hansen “to investigate my previous record of employment” and included other notices, waivers, and agreements unrelated to acquiring the consumer report.Luna filed a putative class action alleging Hansen ’s hiring process violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit affirmed summary judgement in favor of Hansen. FCRA forbids procurement of a consumer report for employment purposes unless “a clear and conspicuous disclosure has been made in writing ... in a document that consists solely of the disclosure.” 15 U.S.C. 1681b(b)(2)(A)(i). Hansen’s disclosure may have been provided alongside other application materials, but it appeared in a standalone document, as FCRA requires. View "Luna v. Hansen & Adkins Auto Transport, Inc." on Justia Law

The Ninth Circuit certified the following question to the Arizona Supreme Court: Has Arizona consented to damages liability for a State agency's violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act? View "Redgrave v. Ducey" on Justia Law

Plaintiff filed a putative class action alleging that Zumiez failed to pay employees at its California retail stores reporting time pay for "Call-In" shifts. The district court denied Zumiez's motion for judgment on the pleadings. While this appeal was pending, the California Court of Appeal decided Ward v. Tilly's, Inc., 243 Cal. Rptr. 3d 461 (Ct. App. 2019), review denied (May 15, 2019), which held that reporting time pay must be paid in a closely analogous situation, an outcome consistent with the district court's denial of Zumiez's motion for judgment on the pleadings here.The Ninth Circuit followed Ward's controlling interpretation of the law and affirmed the district court's judgment with respect to the reporting time pay claim. The panel also affirmed the district court's judgment as to the failure-to-pay-minimum-wage claim and the related remaining claims. In this case, the allegations were sufficient to defeat Zumiez's motion for judgment on the pleadings. The panel reversed as to plaintiff's claim for indemnification and remanded for the district court to allow plaintiff leave to amend the complaint to include more specific allegations. The panel remanded for further proceedings. View "Herrera v. Zumiez, Inc." on Justia Law