Tag: Ninth Circuit

E-Alert Item: Court Says Employer Erred When It Unilaterally Discontinued Dues Check-Off Provision

When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]

ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

News Notes: Communications With EAP Counselors Are Privileged

Oksana Oleszko sued her employer, State Compensation Insurance Fund, for sexual harassment, racial and national-origin discrimination and retaliation. To help prove her claims, Oleszko asked the court to force State Fund to reveal communications between co-workers and unlicensed counselors in its employee assistance program. State Fund balked, saying disclosure would discourage employees from seeking needed […]

News Flash: Federal Court Orders Employer To Stop Requiring Employees To Sign Arbitration Agreements

The controversy over the use of mandatory arbitration for employment disputes continues as federal and state courts send contradictory signals to employers. While the California Supreme Court recently OK’d the use of mandatory arbitration, the federal Ninth Circuit Court of Appeals has said that for some types of claims, such as age or race bias, […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Hiring Temps And Independent Contractors: Employers Brace For Fallout From New Microsoft Ruling; How To Avoid Owing Benefits

The federal appeals court covering California ruled several years ago that software giant Microsoft Corp. had to pay certain retroactive employee benefits to workers improperly classified as independent contractors. Now, the same court has made clear that its earlier ruling will require Microsoft to provide millions of dollars in stock-purchase rights not only to contractors, […]

News Notes: Court OKs Trading Pension Benefits For Signed Releases

It’s common to ask employees who accept early retirement to agree to waive future legal claims against you in exchange for higher pension payouts. But is it legal? Two years ago, the Ninth Circuit Court of Appeal ruled that Lockheed Corporation violated the Employee Retirement Income Security Act (ERISA) when it did just that. The […]