Hawaii Employment Law Decisions Nov. 27, 2016 to Dec. 3, 2016 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals

District court did not abuse discretion disregarding part of employee's affidavit that directly contradicted his former deposition testimony no one from the company represented how long owner operator program would last.  Russell v. Pacific Motor Trucking Co., 2016 U.S. App. 21570 (9th Cir. Dec. 2, 2016).

District court erred granting summary judgment employee in position was administrative employee exempt from overtime compensation under the FLSA.  There were genuine disputes of material fact about employee's ability to discipline employee and set pay rates.  Quintiliani v. Concentric Healthcare Solutions, LLC, 2016 U.S. App. LEXIS 21484 (Dec. 1, 2016).

U.S. District Court of District of Hawaii

District court granted motion to dismiss Title VII sex discrimination claim.  Former employee could not base claim on events that occurred over 300 days before she filed a charge.  Employee offered no direct evidence of discrimination or evidence she was similarly situated to the employee promoted instead of her.  Employee's emotional distress claims were barred by workers' compensation exclusivity, were not based on alleged physical injury or sufficiently outrageous conduct.  Klingman v. The Cty. of Maui, 2016 U.S. Dist. LEXIS 164268 (D. Haw. Nov. 29, 2016).