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

The Ninth Circuit certified the following question to the Washington Supreme Court: Whether an employer's compensation plan, which includes as a metric an employee's "production minutes," qualifies as a piecework plan under Wash. Admin. Code 296-126-021. View "Hill v. Xerox Business Services, LLC" on Justia Law

Plaintiffs appealed the dismissal of their claims under the California Labor Code Private Attorneys General Act of 2004 (PAGA) against Nordstrom, alleging violations of California's "day of rest" law. The Ninth Circuit certified three questions of state law to the California Supreme Court in an earlier order and the California Supreme Court answered the questions. In this case, because the facts stipulated that neither plaintiff worked more than six consecutive days in any one Nordstrom workweek, each of their individual claims under Labor Code sections 551 and 552 failed. Therefore, the district court did not err by dismissing the case and thus the panel affirmed the judgment. View "Mendoza v. Nordstrom, Inc." on Justia Law

After plaintiff was raped by a co-worker at the Idaho Department of Corrections (IDOC), she filed suit against the IDOC and others. The Ninth Circuit vacated summary judgment in favor of defendants on plaintiff's Title VII hostile work environment claim. The panel held that, viewing the evidence in the light most favorable to plaintiff, a reasonable trier of fact could find that the IDOC's actions were sufficiently severe or pervasive to create a hostile work environment. The panel noted that if the jury finds that the IDOC supervisors created a hostile work environment, the IDOC would also be liable. View "Fuller v. Idaho Department of Corrections" on Justia Law

The zone of special danger doctrine can apply to local nationals working in their home countries under employment contracts covered by the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act (DBA). The Ninth Circuit denied a petition for review of a decision of the United States Department of Labor's Benefits Review Board (BRB) awarding disability benefits, pursuant to the DBA, to Edwin Jentil. Jentil was employed by a U.S. government contractor when he was injured. The panel held that the ALJ and BRB did not commit legal error by applying the zone of special danger doctrine to Jetnil. In this case, substantial evidence supported the ALJ and BRB's decision that Jetnil was entitled to disability benefits because his injury arose out of the zone of special danger associated with his employment. View "Chugach Management Services v. Jetnil" on Justia Law

Plaintiff, on behalf of herself and a class of underwriters, filed suit seeking overtime compensation under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. The Ninth Circuit applied the analysis used by the Second Circuit and held that, because the mortgage underwriters' primary job duty does not relate to the bank's management or general business operations, the administrative employee exemption under 29 U.S.C. 213(a)(1) and 29 C.F.R. 541.200(a) does not apply. Therefore, the underwriters in this case were not entitled to overtime compensation. View "McKeen-Chaplin v. Provident Savings Bank" on Justia Law

The passage of Assembly Bill 97, a massive reform package designed to streamline public education financing and decentralize education governance, did not abrogate the Ninth Circuit's decisions in which the panel held that California school districts and county offices of education (COEs) are "arms of the state" entitled to state sovereign immunity. Applying the factors set forth in Mitchell v. Los Angeles Community College District, 861 F.2d 198, the panel held that school districts and COEs in California remain arms of the state and cannot face suit. Accordingly, the panel affirmed the dismissal of plaintiff's lawsuit against the Orange County Department of Education where plaintiff alleged claims related to his termination with the Department. View "Sato v. Orange County Department of Education" on Justia Law

Plaintiff filed suit against his former employer, Neiman Marcus, alleging interference with the exercise of his rights under the Americans with Disabilities Act (ADA), 42 U.S.C. 12203(b). The Ninth Circuit reversed the district court's order finding this action moot and granting summary judgment to Neiman Marcus. The panel held that section 12203 authorized the district court to award nominal damages as equitable relief to plaintiff. Accordingly, the panel remanded for further proceedings. View "Bayer v. Neiman Marcus Group, Inc." on Justia Law

An employer's attorney can be held liable for retaliating against his client's employee because the employee sued his client for violations of workplace law. In this case, plaintiff may proceed with his retaliation action against the attorney under sections 215(a)(3) and 216(b) of the Fair Labor Standards Act (FLSA), 29 U.S.C. 215(a)(3) and 216(b), because the complaint manifestly fell within the purview, purpose, and plain language of the FLSA. The court explained that the wage and hours provisions of the FLSA focus on de facto employers, but the anti-retaliation provision refers to "any person" who retaliates. View "Arias v. Raimondo" on Justia Law

Plaintiffs filed suit against the Fire District, a subdivision of Arizona, alleging that it violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-34. The district court granted the Fire District's motion for summary judgment, concluding that it was not an "employer" within the meaning of the ADEA. The Ninth Circuit held that the meaning of section 630(b) was not ambiguous and thus the district court erred in concluding that the twenty-employee minimum applied to political subdivisions. Even if the panel agreed with the First District and concluded that the statute was ambiguous, the outcome would not change. Accordingly, the panel reversed the district court's judgment and remanded for further proceedings. View "Guido v. Mount Lemmon Fire District" on Justia Law

After American filed for Chapter 11 bankruptcy, it sought to reject and to renegotiate its collective bargaining agreements with TWU. American and TWU negotiated new agreements, including an early separation program. TWU members who took advantage of the Early Separation Program filed two putative class-actions alleging that TWU breached its duty of fair representation by excluding them from the bulk of the equity distribution. The Ninth Circuit affirmed the district court's dismissal of the consolidated actions, holding that TWU did not breach its duty of fair representation. In this case, TWU's equity distribution scheme was not arbitrary; the allegations of discrimination were implausible; and TWU did not act in bad faith. View "Demetris v. Transport Workers Union of America" on Justia Law