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Arizona

Religious speech limited for public school teacher

10/25/2011
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

Appeals court sends card check case to arbitration

09/16/2011
The 9th Circuit Court of Appeals has sent to arbitration a labor/management dispute over union representation following several lawsuits that accused employers of acting in bad faith by refusing to accept the union as em­­ployees’ bargaining representative.

It follows California contract law: Employees have 4 years to sue for ERISA benefits

09/16/2011
The 9th Circuit Court of Appeals has ruled that former employees who believe they are missing out on ERISA-protected benefits have four years to sue for those benefits after their request is formally denied.

Government agencies: Ensure last-chance agreements allow for pre-termination hearings

08/18/2011

Government employees have a few rights that private-sector employees lack. One is the right to “some sort of” hearing before being terminated. A public employee essentially gets the right to challenge the decision to terminate him before it is final. But what happens if the employee signs on to a so-called last-chance agreement?

ERISA lawsuits not limited to plan administrators

07/19/2011
The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act.

Employers can ask jury to decide when collective bargaining agreement was ratified

07/19/2011
A case that has made it up to the U.S. Supreme Court and back down to the trial court is now making its way up the legal ladder again. The 9th Circuit has ­issued a new decision, ruling that an em­­ployer that challenges a union’s claim that employees have ratified a collective bargaining agreement can make their case to a jury.

Employee must prove class action is warranted

06/16/2011
Lately, California employers have faced a flood of class-action lawsuits claiming they misclassified employees. Now that tide might turn, thanks to a ruling by the 9th Circuit Court of Appeals.