Hawaii Employment Law Decisions from March 8 to March 14 – Jeffrey S. Harris

The U.S. Department of Labor did not violate the Administrative Procedure Act by reversing its historical interpretation and concluding that mortgage loan officers did not qualify for the administrative exemption to the overtime pay requirements of the Fair Labor Standards Act. Perez v. Mortgage Bankers Ass'n, 135 S.Ct. 1199 (March 9, 2015).

The District Court erroneously enjoined a strike by aircraft fuelers, because it did not first consider whether the employer who sought the injunction made every reasonable effort to settle the labor dispute either by negotiation or with the aid of any available government machinery or voluntary arbitration.  The record showed that the employer failed to make any efforts to settle the dispute. Aircraft Service International, Inc. v. International Brotherhood of Teamsters, 779 F.3d 1069 (9th Cir. March 10, 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 that 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.

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 that 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.