Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

After a union representing employees of Southwestern Bell Telephone Company filed a grievance against the company, the arbitrator initially sided with the union and found that the company had violated the parties' collective bargaining agreement (CBA). The arbitrator later vacated his earlier decision and issued a modified decision. The district court upheld the arbitrator's actions.The Fifth Circuit affirmed under the "extraordinarily narrow" standard of review that applies in its consideration of arbitration awards. The court held that the arbitrator grounded his modification within the rules that governed the parties' agreement. In this case, because the February award stemmed from a colorable interpretation of the parties' CBA, the arbitrator drew the "essence" of his decision from the parties' agreement and did not exceed his authority. View "Communications Workers of America v. Southwestern Bell Telephone Co." on Justia Law

After a jury awarded plaintiffs each damages for unpaid overtime under the Fair Labor Standards Act (FLSA), the jury determined that the county had not shown that plaintiffs' recommendations as to other employees were given "particular" weight" or that their primary duties were management. Plaintiffs are lieutenants in the Travis County Sheriff's Office, and their main responsibility is to manage the operation of units of sergeants and deputies. The county claimed that plaintiffs were executive employees and thus exempt from the FLSA's overtime mandate.The Fifth Circuit held that the evidence was sufficient for a rational juror to conclude that the county had not met its burden of demonstrating that plaintiffs' recommendations are given particular weight, so much so that the jury acted irrationally in concluding otherwise. The court also held that the district court did not abuse its discretion in refusing to grant a new trial. View "Miller v. Travis County" on Justia Law

The Fifth Circuit held that the Board did not have substantial evidence to gainsay DISH's impasse determination and penalize the employer for refusing still more years of negotiation. In this case, the Board's decision rested on an unsound factual foundation from the ALJ. Furthermore, the court held that the Board lacked substantial evidence merely because it failed to grapple with countervailing portions of the record. Finally, the court held that some of the Board's counterarguments were not properly before the court and rejected all of the counterarguments. View "Dish Network Corp. v. NLRB" on Justia Law

CoServe challenged the Board's ruling that it engaged in unfair labor practices and the Board's issuance of an affirmative bargaining agreement and public-notice-reading order.The Fifth Circuit denied CoServ's petition for review in part and granted in part the Board's cross-application for enforcement. The court held that CoServ abandoned its challenge against the Board's findings of unfair labor practices; under the governing four-factor test, substantial evidence supports the Board's finding that CoServ's unfair labor practices tainted the second decertification petition; as to the affirmative bargaining order, the Board failed to justify the bargaining order under Fifth Circuit case law; under case law, a bargaining order was not justified; and the Board's public-notice-reading order was not justified under the facts of this case. View "Denton County Electric Cooperative, Inc. v. NLRB" on Justia Law

The Fifth Circuit affirmed the district court's grant of plaintiff's motion for summary judgment in an action alleging that his former employer, BASF, discriminated against him in violation of the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).The court held that plaintiff's ADA claim was properly dismissed, because plaintiff failed to offer any evidence of a causal connection between his discharge and his alcoholism. Furthermore, plaintiff failed to show that BASF's legitimate, nondiscriminatory reason for discharging him, the apparent positive results of his alcohol test and violation of company policy, was pretextual. Even if the court were to consider plaintiff's failure-to-accommodate argument, it would fail because the ADA does not provide a right to an employee's preferred accommodation but only to a reasonable accommodation. The court also held that plaintiff produced no evidence to support his ADEA claim and there was no abuse of discretion in the district court's decision not to mandate the requested production of his discovery request. The court rejected plaintiff's remaining procedural and evidentiary challenges. View "Kitchen v. BASF" on Justia Law

Plaintiffs filed suit against the school district and its superintendent, alleging free speech and retaliation claims in violation of their First Amendment rights under 42 U.S.C. 1983; Article 1, Section 8 of the Texas Constitution; and the Texas Whistleblower Act. Plaintiffs, the former principal and assistant principal of an elementary school, served on a 504 committee which convened for the purpose of implementing regulations under Section 504 of the Rehabilitation Act of 1973. Plaintiffs were terminated after an investigation determined that they intentionally authorized inappropriate student testing accommodations based on a misapplication of Section 504 eligibility requirements.The Fifth Circuit affirmed the district court's judgment, holding that the superintendent was entitled to qualified immunity because it was not clearly established at the time whether First Amendment liability can attach to a public official who did not make the final employment decision. The court also held that the district court did not err in granting summary judgment on plaintiff's First Amendment claims, because plaintiffs' calls to TEA regarding Section 504 construction and application at the elementary school were clearly activities undertaken in the course of performing their jobs and these actions were therefore not protected by the First Amendment.Finally, the court held that plaintiffs were not entitled to recover lost wages because they failed to exercise reasonable diligence to mitigate their damages; the district court did not err in denying plaintiffs' motion for rescission or modification; the district court did not err in instructing the jury that the IHE's findings were preclusive; and the district court did not err in relying on the jury's verdict that plaintiffs did not report a violation of law in good faith. View "Powers v. Northside Independent School District" on Justia Law

The Fifth Circuit withdrew its prior opinion and substituted the following opinion.This case arose when plaintiff, a former practicing attorney, filed suit under the Fair Labor Standards Act (FLSA), seeking to recover unpaid overtime wages. The district court held that genuine issues of material fact remained regarding plaintiff's independent contractor status.The Fifth Circuit affirmed the district court's grant of summary judgment in favor of plaintiff's former employer on a different basis. The court held that the FLSA did not apply to plaintiff, because the undisputed facts weigh in favor of plaintiff being an independent contractor. However, because the district court did not state its reasons for declining to award costs to the prevailing party, the court vacated the award of costs and remanded the issue to the district court. View "Faludi v. U.S. Shale Solutions, LLC" on Justia Law

The Fifth Circuit affirmed the district court's grant of Champion's motion for summary judgment on workplace-discrimination claims brought by plaintiff, an employee, who alleged that he was fired because of a diabetes-related condition. Champion claimed that plaintiff was sleeping at his desk during work hours, an immediately terminable offense.The court held that the district court did not err in finding no direct evidence of discrimination on the basis of disability. The court also agreed with the district court that the evidence suggested that plaintiff could not perform the essential functions of the job with or without an accommodation.The court also held that plaintiff's disability-based claim failed because any harassment plaintiff alleged was not severe or pervasive and did not create an abusive working environment. Furthermore, plaintiff failed to show that the harassment was based on his disability. The court held that the district court did not err in finding no failure to accommodate plaintiff's disability and no failure to engage in an interactive process. Even if plaintiff was a qualified individual, his failure-to-accommodate claim failed because he failed to carry his burden to show that he requested reasonable accommodations. The court further held that plaintiff failed to show a prima facie case of retaliation. Finally, the district court did not err by denying plaintiff's claims for damages. View "Clark v. Champion National Security, Inc." on Justia Law

Plaintiffs filed suit against their former employer, Petroplex, alleging claims for overtime pay under the Fair Labor Standards Act. Plaintiffs were former pipe welders for Petroplex and they claimed that they worked more than forty hours per week for the company without overtime pay. At issue on appeal was whether plaintiffs were considered employees or independent contractors.The Fifth Circuit affirmed the district court's judgment in favor of plaintiffs, holding that plaintiffs were employees instead of independent contractors. The court held that the district court did not clearly err by determining that the control, investment, opportunity for profit and loss, and permanency Silk factors all weighed in favor of employee status. View "Hobbs v. Petroplex Pipe and Construction, Inc." on Justia Law

Plaintiffs, six Travis County Sheriff's Office detectives, filed suit alleging that they were entitled to overtime pay under the Fair Labor Standards Act (FLSA). The county argued that plaintiffs were exempt as both executive and highly-compensated employees. The district court granted judgment for plaintiffs. Then the district court later ruled as a matter of law that plaintiffs were paid a salary, vacated the jury's finding on the first requirement of the exemptions, and granted plaintiffs' request for a new trial. Plaintiffs sought reconsideration, contending that they had conditionally asked for a new trial on the management issue, an element of the executive exemption and first-responder exception, not on the office-work issue, which is part of the highly-compensated-employee exemption. Plaintiffs then moved for reentry of judgment in their favor. Because plaintiffs did not want a new trial, the district court entered a final judgment.Rejecting the parties' jurisdictional challenges, the Fifth Circuit affirmed and held that it had appellate jurisdiction. The court also held that plaintiffs' failure to challenge the timeliness of the Rule 50(b) motion in the district court means that they have forfeited that objection, and the district court had jurisdiction to decide the motion for judgment as a matter of law. The court explained that a new trial was needed to answer the additional questions about whether plaintiffs were exempt and, by prevailing on a Rule 50(b) motion, the county did not somehow lose its right to assert its defenses.On the merits, the court held that the district court properly held as a matter of law that the county paid plaintiffs on a salary basis. Although the ruling did not fully resolve whether plaintiffs were entitled to overtime pay, the court stated that years of litigation never answered that ultimate question. View "Escribano v. Travis County" on Justia Law