Topic
Every decision we've filed under Labor.
The Second Circuit held that the Foreign Sovereign Immunities Act's commercial activity exception applies to claims brought under the Anti-Terrorism Act, abrogating sovereign immunity for a Russian state-owned bank. The court further ruled for the first time that the ATA's immunity provisions cover foreign state instrumentalities, not just agencies.
The Second Circuit affirmed the dismissal of a qui tam action alleging that HCL Technologies violated the False Claims Act by using cheaper visas and underpaying foreign workers. The court held that the relators failed to plausibly allege a reverse FCA violation because no established legal obligation existed to pay higher taxes or visa fees that the defendant never actually incurred.
The D.C. Circuit held that Section 301 of the Labor Management Relations Act does not completely preempt a prospective agent's state law claims against the NFLPA, thereby stripping the District Court of federal question jurisdiction. The court remanded the case with instructions to dismiss the claims for lack of subject matter jurisdiction rather than for failure to state a claim.
The Ninth Circuit vacated the Railroad Retirement Board's denial of a waiver for annuity overpayments, ruling that the claimant was without fault for payments made after the agency informed him his earnings had been adjusted. The court remanded the case for the Board to determine if recovering the fault-free overpayments would be against equity or good conscience.
The Ninth Circuit held that a longshoreman with unilateral hearing loss and bilateral tinnitus is entitled to compensation under the statutory rate for one ear, not the higher rate for bilateral hearing loss. The court also ruled that the Benefits Review Board's remand order was final and appealable because only a ministerial act remained for the Administrative Law Judge to complete.
The D.C. Circuit reversed the district court's dismissal of a federal employee's due process claim, holding that career appointees in the Senior Executive Service possess a protected property interest in their tenure after completing their probationary period. The court reasoned that because the Civil Service Reform Act limits removals to specific causes for tenured SES employees, they are entitled to constitutional procedural protections before being removed.
The Ninth Circuit enforced the National Labor Relations Board's amended order finding that Valley Hospital committed an unfair labor practice by unilaterally ceasing union dues checkoff after a collective bargaining agreement expired. The court held that the Board was not bound by its prior decision and could change its interpretation of the National Labor Relations Act provided it offered a reasoned explanation for the shift.
The Ninth Circuit enforced the National Labor Relations Board's order finding that hospitals committed an unfair labor practice by unilaterally stopping union dues checkoff after their collective bargaining agreements expired. The court ruled that the Taft-Hartley Act does not require specific revocability language to be written into employee authorization forms for the deduction to remain valid.