Hawaii Employment Law Decisions from December 6, 2015 to December 12, 2015 – Jeffrey S. Harris

District court improperly granted summary judgment against a human resource manager's FLSA retaliation claim.  There was evidence the supervisors who terminated her understood or reasonably should have understood that she was asserting rights protected by the FLSA and calling for their protection, because FLSA compliance was not part of her job portfolio.  Rosenfield v. Globaltranz Enterprises, Inc., 2015 U.S. App. LEXIS 21558 (9th Cir. Dec. 14, 2015).

District court properly dismissed employee's FMLA claim because she did not notify the employer of her intent to take leave.  District court properly dismissed employee's failure to accommodate claim because she did not exhaust her administrative remedies.  District court properly dismissed employee's discrimination and retaliation claims because she raised no genuine issue of material fact whether the employer's reason for her termination was pretextual.  Munoz v. Locke, 2015 U.S. App. LEXIS 21694 (9th Cir. Dec. 9, 2015).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.