Hawaii Employment Law Decisions June 19, 2016 to June 25, 2016 – Jeffrey S. Harris

U.S. Supreme Court

Automobile service advisors were exempt from overtime compensation, at least when U.S. Department of Labor did not adequately explain reason for issuing regulation changing decades old position the service advisors were exempt.  Encino Motorcars, LLC v. Navarro, 2016 U.S. LEXIS 3924 (June 20, 2016).

U.S. Ninth Circuit Court of Appeals

District court properly granted summary judgment against Title VII retaliation claim, because former employee failed to raise dispute of material fact whether employer's asserted non retaliatory reason for not rehiring her was a pretext for retaliation.  Montante v. Foxx, 2016 U.S. App. LEXIS 11498 (9th Cir. June 23, 2016).

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.