Employer Law Report

Tag Archives: Ninth Circuit

Ninth Circuit holds that inclusion of state law disclosures violates the FCRA’s “stand-alone” Requirement

The Fair Credit Reporting Act (FCRA) requires employers who obtain a consumer report on a job applicant to provide the applicant with a “clear and conspicuous disclosure” that they may obtain such a report (the “clear and conspicuous” requirement) “in a document that consists solely of the disclosure” (the “standalone document” requirement) before procuring the report. Because neither of these requirements are defined in the statute, they have been the subject of almost constant litigation in recent years. Most notably, the 9th Circuit has led the way in finding that an employer’s inclusion of a liability waiver in its disclosure …

Recent Supreme Court decision holds that FLSA exemptions are to be construed fairly

Many thanks to Arslan Sheikh for his assistance in preparing this post.

In a decision issued on April 2, 2018 the Supreme Court of the United States held in Encino Motorcars, LLC v. Navarro that service advisors at an auto dealership are exempt from the Fair Labor Standards Act’s (FLSA) overtime pay requirement. Most importantly, the Court also rejected the 9th Circuit’s holding and Department of Labor policy that FLSA exemptions should be construed narrowly. Instead, courts should apply a fairness test to determine whether a particular job is covered under the exempt classifications of the act. As a result, …

Ninth Circuit to Hear Argument on Class Certification Decision in Wal-Mart Class Case

On February 13, 2009, the U.S. Court of Appeals for the Ninth Circuit announced it will review the February 2007 decision to certify a class that potentially includes 1.5 million current and former female employees allegedly underpaid and denied promotion opportunities on the basis of their sex. As reported in our earlier post, this class has the potential to be the largest sexual discrimination suit in U.S. history and could be awarded potential damages into the billions of dollars. This class action was originally filed in 2001. Wal-Mart argued at the district court level and to the panel that the class …

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