U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

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Class Action Can Be Waived in Job Agreement, 5th Cir. Rules

A federal appeals court ruled that a company may lawfully require employees to waive a class action in their employment agreements.

In Convergys Corporation v. National Labor Relations Board, the divided appellate panel said the company did not violate the National Labor Relations Act. The court said Convergys could require job applicants to sign the waiver and could lawfully enforce it.

Concluding that "the use of a class or collective action is a procedure rather than a substantive right," the U.S. Fifth Circuit Court of Appeals overturned the board's ruling that the waiver interfered with workers' right to band together.

T-Mobile's 'Positive Work Environment' Policy Is Valid

As T-Mobile fought cell plan wars on television, the company quietly waged another battle with its employees.

The National Labor Relations Board had sided with the workers, saying the cellular company was trying to keep them from unionizing. The battle plan was right in the employee handbook, the board said.

In T-Mobile USA v. National Relations Labor Board, however, the U.S. Fifth Circuit Court of Appeals said the company was just urging workers to get along.

Court Rules for Religious Freedom Law

A federal appeals court preserved Mississippi's so-called "religious freedom law" from a legal challenge by LGBT-rights activists.

The U.S. Fifth Circuit Court of Appeals said the plaintiffs in Barber v. Bryant lacked standing to sue the state over the Protecting Freedom of Conscience from Government Discrimination Act. The law allows government employees, service providers, and businesses to deny services to gay couples and others based on religious beliefs without reprisal from the government.

The court said the plaintiffs had not shown they had any injury from the law, which opponents called the most sweeping anti-LGBT law based on religion in the country.

Worker's Emotional Distress Damages for Retaliation Upheld by 5th Cir.

A federal appeals court ruled that a worker can claim emotional distress damages for an employer's retaliation on a wage claim.

The Fifth Circuit Court of Appeals joined other federal circuits in considering remedies available to workers under the Fair Labor Standards Act. The appellate court said the FLSA authorizes emotional damages as "legal and equitable relief" on account of employer retaliation.

In reversing and remanding, the appeals panel said the trial court must consider additional evidence of emotional distress and award damages accordingly. Santiago Pineda won only overtime and retaliation damages at trial.

Company Policy Must Bend to State Gun Laws

A man who, contrary to his employer's policy, kept a locked gun in his car in the company parking lot can sue for wrongful termination under Mississippi law, says the Fifth Circuit.

This case is fundamentally about the clashing of state laws with company policy with regard to dangerous arms. The circuit court's ruling recognizes a new public policy exception to the doctrine of at-will employment.

5th Cir.: Mississippi's Gun Laws Trump Company Policy

In a case about the clashing of state laws and company policy with regards to firearms, the Fifth Circuit has sided with the state.

A man who, contrary to his employer's policy, kept a locked gun in his car in the company parking lot can sue for wrongful termination under Mississippi law, the Fifth Circuit ruled on Monday. The unanimous three-judge panel reversed a lower court finding that state public policy opinions couldn't trump employer's policy on guns, reviving Robert Swindol's lawsuit against his former employer, Aurora Flight Sciences Corp.

OSHA and Walmart: 'Cookie-Cutter' Compliance Won't Do, 5th Circ. Rules

A recent Fifth Circuit ruling, which affirmed OSHRC's interpretation of a key OSHA provision, should prove helpful to companies concerned about compliance issues. Apparently, a cookie-cutter approach simply will not do. As Walmart learned, if you're a company with multiple identical buildings that must be OSHA compliant, it's no good arguing "they're all the same, anyway."

It was a strange outcome at the circuit level. Although it was found that the offending company Walmart was in violation of OSHA, it still managed to wiggle itself off the hook with a truly modest sum: $1,700.

Contractor Doctors Can Sue Under 1973 Rehab Act

Further complicating the growing conflict over employees and contractors, the Fifth Circuit recently declared that independent contractors can sue "any program or activity receiving Federal financial assistance" on discrimination suits.

According to this circuit, Section 504 (The Rehabilitation Act of 1973) does not adopt the definition of who is covered under Title I even though it may be influenced by that law.

Coffee Barista's Don't Interact With Customers Enough for Tip Pooling

The Fifth Circuit reversed and remanded a decision by a Texas federal district court in a case that involved barista tips, Montano v. Montrose Restaurant Assoc.

The legal issue at bar was whether or not "coffeemen" (aka baristas) are lawfully entitled to a percentage customer tips under a restaurant's tip pooling arrangement. It turns out that it has little to with what you call them; it has more to do with the nature of their work.

5th Cir. Favors Worker Mobility Over Texas-Based Non-Compete Clauses

The Fifth Circuit unanimously rejected a Texas-based financial institution's argument that Texas' applied Selection Clause automatically subsumed Choice-of-Contract because allowing such an application would violate Oklahoma's public policy in favoring worker's right to earn a living.

The is noteworthy because it contrasts the two state's competing viewpoints of worker's rights. It also displays the Fifth Circuit's lively writing style.