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Managers' Overtime Claim Cannot Proceed As Class Action. In a very important ruling for all California employers, a state appeals court has held that a case seeking back overtime pay for hundreds of store managers and assistant managers is not suitable for class action treatment because of the variation in the job duties of the claimants. The court focused on the fact that plaintiffs failed to demonstrate uniformity among all class members regarding their duties and the amount of time each spent in exempt and nonexempt activities. Sav-on Drug Stores, Inc. v. Superior Court Seniority System Trumps Request For ADA Accommodation, Absent Special Circumstances. The United States Supreme Court held that an ADA accommodation that would force an employer to violate an established seniority system ordinarily is not "reasonable." The Court, however, recognized that there can be an exception if "special circumstances" exist, such as where there are other cases where the employer did not adhere to the seniority system. U.S. Airways, Inc. v. Barnett Defendant May Not Remove A State Administrative Agency Proceeding To Federal Court. The Ninth Circuit held that employers facing a state administrative agency proceeding cannot remove (i.e., transfer) the case to federal court. Oregon Bureau of Labor and Industries v. U.S. West Communications, Inc. Summary Dismissal of Case Affirmed Where Employee Fails To Demonstrate That Protected Activity Was A Motivating Factor For Demotion And Transfer. The Ninth Circuit affirmed that an EEO case need not go to a jury where the employee failed to prove that the protected activity was a motivating factor in the employers' decision to discipline. In this case, a deputy sheriff was disciplined based on his association with convicted felons, in violation of departmental orders. The felons and the sheriff's deputy were members of the same motorcycle club. The sheriff claimed that he was disciplined for belonging to a motorcycle club, in violation of his constitutional right of free association. Strahan v. Kirkland Laid-Off Pregnant Employee Fails To Establish State Family Leave Discrimination Claim. The California appellate court found that the state's family leave regulations stating that an employee "has no greater right to reinstatement" than if the employee had been continuously employed allowed an employer to lay off a pregnant employee even though the employee was on approved family leave. Tomlinson v. Qualcomm, Inc. Circumstantial Evidence Might Be Sufficient To Support A Claim of Retaliation. A California appellate court reinstated a discrimination case based on circumstantial evidence that the employee's supervisor said she was "going to get revenge" against anyone who cooperated in the investigation against her. Colarossi v. Coty U.S., Inc. |
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