Tag: Ninth Circuit

Whistleblower Retaliation Protection Expands in Oregon

We are confident that employers already take employee reports of potentially unlawful activity seriously.  Such internal reports can help employers investigate and eliminate unlawful conduct in the workplace.  The Ninth Circuit Court of Appeals recently held that retaliating against an employee for making an internal report of potentially unlawful activity—not a report to an external … Continue Reading

Ninth Circuit Holds Shareholder Hire Preference Not Facially Discriminatory

Meghan M. Kelly also contributed to this post. In an unpublished opinion in Conitz v. Teck Alaska Inc. the Ninth Circuit held that an Alaska Native corporation’s shareholder employment preference was not facially discriminatory because it was based on shareholder status, not racial status.   Teck employee Gregg Conitz works at the Red Dog Mine, … Continue Reading

Ninth Circuit Holds “One-Strike” Drug Testing Rule Does Not Violate ADA

The Ninth Circuit Court of Appeals yesterday held in Lopez v. Pacific Maritime Association that an employer’s one-strike drug testing policy for applicants does not violate the Americans With Disabilities Act (“ADA”). The one-strike policy in question stated that the company would never hire any applicant who tested positive on a pre-employment drug screening. All applicants were … Continue Reading

Ninth Circuit Clarifies Meaning of “Voluntary Departure” Under WARN Act

In Collins v. Gee West Seattle, LLC, a three member Ninth Circuit panel held 2-1 that employees who receive notice of a plant closing, but stop returning to work before the plant closing takes effect, have not “voluntarily departed” under the Worker Adjustment and Retraining Notification Act (WARN). In Collins, the employer announced to its employees in … Continue Reading

9th Circuit: Independent Contractor Can Assert Disability Claim Under Rehabilitation Act

The Ninth Circuit Court of Appeals ruled recently that an independent contractor may assert a disability claim against an employer under the Rehabilitation Act.  Click the link to read the opinion on Fleming v. Yuma Regional Medical Center.  The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving … Continue Reading

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

Managers Individually Liable for Unpaid Wages Despite Employer’s Bankruptcy

A recent case should strike fear into the hearts of all upper-level managers and human resources professionals:  in Boucher v. Shaw, the Ninth Circuit ruled that individual managers were liable for their subordinates’ unpaid wages, even though the employer company filed for bankruptcy.  In Boucher, a group of former casino employees sued the CEO, CFO and … Continue Reading

California Overtime Laws Cover Nonresidents Who Work in California

Do California wage and hour laws – including their daily and weekly overtime provisions – apply to non-residents who occasionally perform work in California?  Yes, according to a decision from the Ninth Circuit Court of Appeals earlier this month.  Click here to read the court’s decision in Sullivan v. Oracle Corp. In Sullivan, Oracle sent employees … Continue Reading

Ninth Circuit Asks Washington Supreme Court to Define “Disability” under WLAD

The Ninth Circuit Court of Appeals earlier this week certified a question to the Washington Supreme Court, seeking that court’s help in defining "disability" under the Washington Law Against Discrimination (WLAD).  Two years ago, in McClarty v. Totem Electric, 137 P.3d 844 (2006), the Washington Supreme Court significantly narrowed the definition of "disability" under the WLAD.  In 2007, … Continue Reading

Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave

Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages.  What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave?  The Ninth Circuit Court of Appeals recently ruled that such damages … Continue Reading

Nurses Button Up: Ninth Circuit Nurses May Wear Union Buttons at Work

The Ninth Circuit Court of Appeals recently ruled that a Spokane hospital could not lawfully prohibit nurses from wearing union buttons in areas where they only "might" encounter patients or family members. Health care employers should review their uniform policies to make sure union insignia and other political buttons and stickers are only prohibited in … Continue Reading
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