9th Circuit Court Reports Archive 

Occasional Offensive Remarks Did Not Create Hostile Work Environment Plan Administrator’s Reliance on Expert Did Not Satisfy Duty of Prudence Dukes v. Wal-Mart Applies to Wage-Hour Class Action Employer’s Conflicting Policies Result in Trial on Bias Claim Retail Store Manager’s Inability to Work Full Time Justified Termination Hotel Management Engages in Bad-Faith Bargaining Exception to Attorney-Client Privilege Extended to Insurers Acting as Plan Administrators Brief Complaint Enough to State Bias Claim Assertion that Misconduct Allegations Were Recanted Sends ERISA Retaliation Claim to Trial Statistical Evidence Alone Can Establish Prima-Facie Disparate Treatment Claim CFAA Criminalizes Hacking Only Employer’s Insistence That Worker Comply with Attendance Policy Is Not Failure to Accommodate Summary Document Does Not Constitute Terms of ERISA Plan Arbitration Agreement Cannot Expand FAA Scope of Judicial Review Consideration of Employees’ Projected Retirement Dates Was Evidence of Age Bias 9th Circuit: Employer Need Not Reasonably Accommodate Unqualified Employee 9th Circuit: Contest NLRB Orders Before Board to Preserve Argument in Court 9th Circuit: Successor Employer’s Refusal to Recognize Union Violates NLRA 9th Circuit: Social Workers Not Covered by FLSA’s Learned Professionals Exemption 9th Cir: Section 1981 Retaliation Claim Subject to Four-Year Limitations Period 9th Circuit: Defendants in ERISA Benefit Actions Not Limited to Plan and Administrators 9th Circuit: Unlicensed Accountants Are Not Categorically Excluded from Potential Exempt Status 9th Circuit: Collective Bargaining Dispute Remanded for a Jury Trial 9th Circuit: Employees Criminally Liable for Violating Computer Policy 9th Circuit: SOX Whistle-Blower Protection Does Not Cover Media Leaks 9th Circuit: Lower Court Reversed for Improper FMLA Instruction 9th Circuit: Pre-employment ‘One-Strike’ Drug-Screening Policy Does Not Violate ADA 9th Circuit: Pharmaceutical Sales Reps Exempt from FLSA Overtime Requirements 9th Circuit: Resignations After Plant Closing Notice Not Voluntary Under WARN Act 9th Circuit: Lower Court Reversed in Sexual Orientation Harassment Case 9th Circuit: Repayment of Training Costs Is Not FLSA Kickback 9th Circuit: SOX Whistle-Blower Claim Dismissed as Being Untimely 9th Circuit: ADA Challenge to Hiring Process Fails Without Initiative to Seek Re-Employment 9th Circuit: School District’s Labor Agreement Avoids NLRA Pre-Emption 9th Circuit: Company’s 401(k) Investment Entitled to Presumption of ERISA Compliance 9th Circuit: Wage and Hour Class Action Prevails 9th Circuit: Men Entitled to Title VII Protection from Sexually Hostile Work Environment 9th Circuit: Ineffective Accommodation May Be Challenged 9th Circuit: Profit-Sharing Strategy to Counter Labor Strike Violates Antitrust Laws 9th Circuit: Fitness-for-Duty Exam Can Be Based on Concern About ‘Volatile’ Behavior 9th Circuit: Modifying Schedule to Daylight Hours May Be Reasonable Accommodation 9th Circuit: Post-Murder Divorce Order Defeats Ex-Husband’s Claim to 401(k) Funds 9th Circuit: An Employee by Any Other Name Is Still an Employee 9th Circuit: CBA Does Not Necessarily Pre-empt Employer’s Overtime Obligations 9th Circuit: Time Donning and Doffing Police Uniform Was Not Compensable 9th Circuit: Off-the-Clock Activities After Work Compensable 9th Circuit: Front Pay Is Decision for Judge, Not Jury 9th Circuit: FLSA Does Not Restrict Employee Tip Pooling Arrangements 9th Circuit: Injunction Improper Where First Amendment Rights May Be Infringed 9th Circuit: Settlement by Class Representative Does Not Bar Certification Appeal 9th Circuit: ‘On Duty’ Claim May Save Class Action Challenging Meal Period Violations 9th Circuit: Compensatory and Punitive Damages Unavailable for ADA Retaliation 9th Circuit: Back Pay Remedy Awarded to Same-Sex Partner 9th Circuit: Rehabilitation Act Covers Discrimination Claim by Independent Contractor 9th Circuit: Use of Different Base Hourly Rates Did Not Violate FLSA 9th Circuit: Discharge May Have Been ADA Retaliation 9th Circuit: ADA Challenge of Fitness-for-Duty Testing Revived 9th Circuit: Be Careful What Computer Use You Authorize 9th Circuit: Jury Verdict for EEOC on Retaliation Claim Upheld 9th Circuit: A Growing Problem—Wage and Hour Issues for Off-Site Employees 9th Circuit: Married Lawyers Get to Pull SOX Slot Machine Again 9th Circuit: FLSA Lawsuit Against Executives Allowed to Proceed Despite Bankruptcy 9th Circuit: Class Certification in Overtime Class Action Overturned 9th Circuit: Employers Not Liable for Suppliers’ Workplace Conditions 9th Circuit: FLSA ‘Off the Clock’ Collective Action Rendered Moot 9th Circuit: San Diego’s Benefits Contribution Change Upheld 9th Circuit: ERISA Claim for Unvested Benefits Permitted to Advance 9th Circuit: Public Concern Is Broad for Law Enforcement 9th Circuit: Stepmom’s Gender Bias Claims Against Casino Revived 9th Circuit: Core Decision Status Foreclosed ‘Merger Decision Bargaining’ 9th Circuit: Employer Unlawfully Withdrew Union Recognition 9th Circuit: Fourth Amendment Protection Ruling on Text Messages Stands 9th Circuit: Cohabitant Awarded Half of Boyfriend’s Pension 9th Circuit: Wage and Hour Class Action Moved to Federal Court 9th Circuit: Arbitration Enforcement Was Not Barred 9th Circuit: Nonresidents Covered by California Law 9th Circuit: Section 301 Intentional Interference Action Rejected 9th Circuit: ERISA Does Not Pre-empt San Francisco’s Health Care Mandate 9th Circuit: Shopping Mall Management Company Unlawfully Limited Union’s Activities 9th Circuit: Employer May Not Unilaterally Stop Union Dues Checkoff 9th Circuit: Cash Balance Plans Are Not Discriminatory 9th Circuit: Hispanic Employees’ Pay-Bias Claims Allowed To Proceed 9th Circuit: Waiver of Arbitration Is Not Easily Granted 9th Circuit: Text Messages Entitled to Fourth Amendment Protection 9th Circuit: Ban on Nurses Wearing Union Buttons Deemed Unfair Labor Practice 9th Circuit: Managers’ Reckless Indifference Supports Punitive Damages Award 9th Circuit: BFOQ Standard Should Not Have Been Applied to Hearing Test 9th Circuit: City Failed To Show Need for Pre-Employment Drug Screening 9th Circuit: Retaliation Claim Under False Claims Act Goes to Trial 9th Circuit: State Agency Right-To-Sue Letter Is Sufficient To File Title VII Claim 9th Circuit: HR’s Brief Interruptions Were Not Unlawful Union Surveillance 9th Circuit: Employer May Not Require Flu Immunizations 9th Circuit: Largest Title VII Class Certification in U.S. History Revised 9th Circuit: Union Breached Duty and Violated Title VII 9th Circuit: Exclusion of Pregnancy Leave from Pension Credit Violated Title VII 9th Circuit: Three-Day Receipt Rule Adopted 9th Circuit: Employees' Claims for Travel Time Pay Survive 9th Circuit: Discrimination Claim Against 'Fourth Way' Members May Proceed 9th Circuit: Settlement of Union Lawsuit Did Not Pre-empt Employees' Lawsuit 9th Circuit: NLRB Not Required To Justify Standard Remedy 9th Circuit: Fired Fendi Manager Bags More than $1 Million 9th Circuit: LMRA did not pre-empt union employees' state law claims 9th Circuit: Individual supervisors may not be sued under the ADA 9th Circuit: Constructive discharge can be a retaliatory action under USERRA 9th Circuit: Declaration of financial hardship created duty to disclose finances 9th Circuit: Search of work computer fit within Fourth Amendment exception 9th Circuit: Challenge of Class Action Removal to Federal Court Fails More...