Employment Law Blog

U.S. Ninth Circuit Court of Appeals District court properly concluded arbitrator did not manifestly disregard the law by determining Pension Protection Act contributions were part of contributions that must be remitted under the pension plans' reciprocation agreement.  There was no well-defined, explicit and clearly applicable law that barred PPA contributions from being reciprocated.  Trs. of...

U.S. Ninth Circuit Court of Appeals Employee benefit trustees had an ongoing duty to reevaluate investments periodically, regardless of whether there was a significant change in circumstances and take into account their power to obtain favorable investment products, particularly when those products were substantially identical - other than to lower cost - to products they...

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...

Ninth Circuit Court of Appeals District court properly granted summary judgment against long term disability claim.  Employee offered no evidence she timely pursued review of the plan's decision, as required before claimant seeks review by court.  Walters v. Odyssey Healthcare Management Long-Term Disability Plan, 2016 U.S. App. LEXIS 20886 (9th Cir. Nov. 22, 2016). District...

District court properly granted summary judgment against age discrimination claim based on agency advertising position.  Decision to advertise was not a separately actionable adverse employment decision. District court properly granted summary judgment against age discrimination claim based on hiring decision.  Plaintiff neither applied for position nor presented evidence showing he reasonably believed applying would have...

Ninth Circuit Court of Appeals District court properly dismissed Fair Labor Standards Act claim for failure to pay overtime wages.  Employee failed to allege facts sufficient to state a plausible claim for unpaid overtime.  Khorshed v. Lawa, 2016 U.S. App. LEXIS 28090 (9th Cir. Nov. 7, 2016). U.S. District Court District court granted summary judgment...

Ninth Circuit Court of Appeals District court improperly held Section 301 of the Labor Management Relations Act preempted claim workplace sexually hostile.  Interpretation of the collective bargaining agreement was not necessary to decide her claim.  Agreement did not require employer to assign extra work to less senior men.  Matson v. United Parcel Service, 2016 U.S....

Ninth Circuit Court of Appeals District court properly granted summary judgment against claim long term benefits wrongfully terminated and employment terminated in retaliation for exercising rights under ERISA.  Former employee's refusal to attend IME was sufficient cause to terminate benefits, no matter what standard of review applied to benefit decision.  Employee filed his retaliatory discharge...

Ninth Circuit Court of Appeals District court properly granted judgment against long term disability claim.  The court did not err by finding lifting forty to fifty pounds was not substantial and material part of her occupation or by finding fibromyalgia did not totally disable employee from performing substantial and material duties of her usual occupation. ...

Ninth Circuit Court of Appeals USEERA does not prohibit compelled arbitration of claims arising under the statute's terms.  Ziober v. BLB Res., Inc., 2016 U.S. App. LEXIS 18516 (9th Cir. Oct. 14, 2016). Where seaman is asked to disclose pertinent information during pre-hiring medical examination or interview and intentionally conceals or misrepresents material facts, he...