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The district court properly granted summary judgment against disparate treatment based on disability claim, because employee failed to show her compensation level was connected to her disability or other employees were paid more but less qualified and experienced, and she failed to show the employer's reason for the pay disparity was pretextual.  The district court...

District court did not err granting summary judgment against failure to accommodate claim, because even if he could not remember what hours he worked due to multiple sclerosis, the employer fired him because he knew he was unsure what hours he worked and still certified his time sheet as accurate.  To the extent there was...

District court improperly enjoined National Labor Relations Board from awarding refrigerated container work to IBEW instead of ILWU under dispute procedure in Section 10(k) of the National Labor Relations Act, even though the Board likely did not have jurisdiction over IBEW employees because they worked for public employer.  Employer had alternative paths to review of...

U.S. Ninth Circuit Court of Appeals District court properly dismissed federal discrimination claims on summary judgment, because former employee offered no evidence showing similarly situated employees were treated more favorably or direct evidence of racial animus.  District court properly dismissed retaliation claims on summary judgment, because former employee failed to put forward direct evidence of...

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...

U.S. Ninth Circuit Court of Appeals Failure to pay share of arbitrator's fees because of financial incapacity entitled legal malpractice plaintiff to continue litigation in court, at least where she gave notice of her inability to pay, and genuinely tried to secure alternative payment arrangements.  Tillman v. Tillman, 2016 U.S. App. LEXIS 10818 (9th Cir....

U.S. Ninth Circuit Court of Appeals District court did not err certifying class of sales associates who employer allegedly required to perform tasks unrelated to sales but paid only sales commissions in violation of California Law, because question whether employer required associates to perform unrelated tasks was common question capable of class wide resolution, and...