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Showing 8 posts in 9th Circuit Court of Appeals.

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size.

John Guido and Dennis Rankin were hired by Mount Lemmon Fire District (in Arizona) in 2000. They served as fire captains until June 15, 2009, when they were laid off. At the time of the layoffs, Guido was 46 and Rankin was 54 years of age. They were the oldest employees at the Fire District. In April 2013, the two sued their former employer for age discrimination. More ›

Ninth Circuit Holds that DOL may Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling arrangements. More ›

General Acknowledgment of Receipt of Employer's Policies Sufficient to Compel Employee to Arbitrate

In recent years, the courts and state legislatures across the country have been interpreting and enforcing laws regarding arbitration more strictly. What this means is that a lot of existing arbitration agreements no longer pass muster and must be revised in order to be compliant with the ever-changing laws. In this particular case, the employee's agreement to arbitrate employment disputes stood up, and it was because the employer had the right language in its policy documents. Read on. More ›

Certification of meal Break Employment Class Affirmed by Ninth Circuit

In Abdullah v. U.S. Security Associates Inc., the Ninth Circuit held that the district court did not abuse its discretion by certifying a meal break subclass, defined as all past and present employees who (a) worked more than six hours, (b) were not provided a meal break, and (3) were not compensated for the meal break.

Plaintiffs were former employees of USSA, a private security guard company. As a condition of employment, all employees were required to sign an agreement to take their meals on duty, rather then having a meal break. Plaintiffs sought to maintain a class action on behalf of themselves and all others similarly situated, alleging that the employer’s policy of requiring employees to work through their legally mandated meal periods made USSA liable for paying compensation for missed meal periods pursuant to California Labor Code 226.7 and the applicable wage order. The district court certified the subclass pursuant to FRCP rule 23(b)(3), which defendant challenged this ruling. More ›

Class Certification Rules Clarified: Harder for Plaintiffs to Certify Classes

On September 3, 2013, in Wang v. Chinese Daily News, Inc., the Ninth Circuit clarified the restrictions on class certification imposed by Wal-Mart Stores, Inc. v. Dukes. The net effect of this ruling is to make it harder for plaintiffs to certify classes.

In Wang, named plaintiffs were employees of Chinese Daily News (“CDN”) who alleged that they had been made to work more than eight hours per day and more than forty hours per week. They also alleged that they were wrongfully denied overtime compensation, meal and rest breaks, and accurate and itemized wage statements. More ›

It just got Easier to Remove Class Actions

In Rodriguez v. AT&T Mobility Services LLC the Ninth Circuit cited recent United States Supreme Court precedent to make it more difficult for class action plaintiffs to pursue their claims in state court. More ›

Employer’s Right to Compel Arbitration, even Where Demand Is Delayed, Affirmed By Ninth Circuit

In Richards v. Ernst & Young, The Ninth Circuit reversed the District Court’s denial of defendant’s motion to compel arbitration of state wage and hour claims asserted by a former employee.

The District Court had determined that defendant had waived its right to arbitration by failing to assert that right as a defense. The Ninth Circuit reversed the judgment on the following grounds.

As the Court noted preliminarily, waiver of the contractual right to arbitration is not favored and, therefore, any party arguing waiver of a contractual right to arbitration bears a heavy burden. More ›

No Disability Discrimination Where Employee Cannot Competently Perform Job, Ninth Circuit Holds

In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis.  Lawler initiated the action after Defendant employer terminated her employment.

Lawler asserted four claims: (1) disability discrimination, (2) retaliation, (3) harassment, and (4) intentional infliction of emotional distress. The first three causes of action were brought under the California Fair Employment and Housing Act (“FEHA”).

The trial court granted summary judgment for Defendant as to all causes of action, and the Ninth Circuit affirmed. More ›

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