Hawaii Employment Law Decisions August 7, 2016 to August 13, 2016 - Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals

District court did not err in issuing a preliminary injunction against employee's attempt to arbitrate employment claims, pending litigation of the claims.  Court correctly decided whether employee waived his right to arbitrate his employment claims by litigating them, because the parties did not agree to submit the issue to arbitration.  District court did not abuse its discretion finding employer would likely succeed showing employee waived his right to arbitrate the employment claim because he litigated the claims to the eve of summary judgment, employer would be prejudiced by litigating the claim for 13 months and being exposed to discovery devices, employer would be irreparably injured by being required to arbitrate and public interest was against complicating and extending claims.  Morgan Stanley & Co., LLC v. Couch, 2016 U.S. App. LEXIS 14800 (9th Cir. Aug. 11, 2016).

District court did not err by granting summary judgment against age discrimination claim, because employee produced no evidence of intentional discrimination or that terminating employees because of salary adversely affected employees over 40.  District court did not err granting summary judgment against retaliation claim because employee produced no evidence of causal link between any protected activity and termination.  Doubt v. NCR Corp., 2016 U.S. App. LEXIS 14728 (9th Cir. Aug. 10, 2016).

Section 301 of the LMRA preempted an employee's claim for premium pay for extra shifts worked, because it depended substantially on analysis of terms of collective bargaining agreement.  Employee could not pursue her claims because she did not exhaust her remedies under the agreement or allege her union breached its duty of fair representation.  Section 301 did not preempt another employee's claim for violation of a statute imposing time limits for paycheck deductions and breach of fiduciary duty imposed by the statute, because the statute conferred rights independent of the agreement and the rights were not substantially dependent on analysis of the collective bargaining agreement.  Section 301 preempted employee's corresponding money had and received claim for the amounts deducted, because it depended on the collective bargaining agreement Section 301 preempted a third employee's claim a credentialing decision interfered with economic relations because the decision needed to be evaluated under the agreement.  Kobold v. Good Samaritan Regional Medical Center, 2016 U.S. App. LEXIS 14603 (9th Cir. Aug. 9, 2016).

U.S. District Court for District of Hawaii

District court denied summary judgment against retaliatory failure to promote claim, because there was a material issue of fact whether manager who employee complained was discriminatory included the selection decision.  District court granted summary judgment against hostile work environment claim, because employee failed to raise a question of fact whether the workplace was permeated with discriminatory intimidation sufficiently severe or pervasive to alter the terms and conditions of his employment and create an abusive work environment.  Silverstein v. Carter, 2016 U.S. Dist. LEXIS 106217 (D. Haw. August 11, 2016).