Tag: Ninth Circuit

Ministerial Exception Applied to Religious Employer’s Customer Services Representatives
1455
Posted in Discrimination

Ministerial Exception Applied to Religious Employer’s Customer Services Representatives

Recently, the Ninth Circuit took a broad view of the First Amendment’s protection of religious organizations, concluding that a religious employer’s customer service representatives (CSR)…

Ninth Circuit Preserves FLSA De Minimis Rule
6533
Posted in Compensation

Ninth Circuit Preserves FLSA De Minimis Rule

On July 10, 2024, the U.S. Ninth Circuit Court of Appeals revisited a timekeeping case centered around a dispute over whether an employee “booting up”…

FEHA Liability
5038
Posted in Discrimination

California Supreme Court Imposes FEHA Liability on Agents of Employers

In a long-awaited decision, the California Supreme Court has determined that third-party business agents of a certain size can now be directly liable for violations…

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Posted in Independent Contractor

California’s Worker Classification Law Legal Challenge Partially Revived

On March 17, 2023, the Ninth Circuit Court of Appeals partially reversed a district court’s order denying a preliminary injunction and dismissing a legal challenge…

3844
Posted in Compensation

Booting Up Computer May Be Compensable, Says Ninth Circuit

Many employers have moved to timekeeping systems accessible on employees’ computers, but often an employee must first turn on, or “boot up,” their computer before…

3395
Posted in Workplace Policies

Ninth Circuit Panel Will Rehear Arguments on California’s Mandatory Arbitration Ban

After several recent arbitration agreement legal decisions, are you still confused about California’s arbitration agreements in employment? Good news — you’re not the only one,…

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Posted in Discrimination General

Ninth Circuit Asks California Supreme Court About FEHA Liability for Agents of Employers

The Ninth Circuit Court of Appeals has asked the California Supreme Court to determine whether a business entity acting as an agent of an employer…

ban on mandatory arbitrations
4253
Posted in Hiring Workplace Policies

9th Circuit Allows California’s Ban on Mandatory Arbitrations to Proceed

On September 15, 2021 in a split decision, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction that prohibited California from…

4180
Posted in Hiring Workplace Policies

U.S. 9th Circuit Court Hears Oral Arguments in Anti-Arbitration Case

California’s Attorney General on Monday asked a U.S. Ninth Circuit Court panel to overturn a lower court ruling that halted the enforcement of and invalidated in…

4632
Posted in Compensation

Ninth Circuit Rejects Nike’s De Minimis Argument for Security Screenings

Even if an off-the-clock task, such as an exit inspection, is less than a minute, the de minimis principle likely does not apply under California…