Justia Government & Administrative Law Opinion Summaries

The Mississippi Department of Employment Security (MDES) appeals from the circuit court’s order reversing the MDES Board of Review’s determination that Danny Leeton was an employee of Dover Trucking, LLC (Dover). Because the agency’s decision was supported by substantial evidence and was not arbitrary or capricious, the Mississippi Supreme Court concluded the circuit judge erred by reversing it. Accordingly, judgment was reversed and MDES' decision was reinstated. View "Mississippi Department of Employment Security v. Dover Trucking, LLC" on Justia Law

Bryant was a VA police officer, assigned to the Columbus Community Based Out-Patient Clinic in Columbus, Georgia. The VA issued Bryant a notice of proposed removal under 38 U.S.C. 714 based on conduct unbecoming a federal employee. The notice alleged that while sheriff's officers were attempting to serve Bryant “with a Temporary Family Violence Order of Protection,” Bryant made inappropriate statements and displayed a lack of professionalism; Bryant “ma[de] threats” that “caused these [officers] to fear for their safety,” which was “unacceptable” and “inexcusable” for a “[f]ederal [p]olice [o]fficer entrusted with carrying a loaded firearm each day.”The deciding official found that the charge was supported by substantial evidence and decided to remove Bryant from employment. Bryant contested whether the charged conduct occurred and whether removal was an appropriate penalty under the Douglas factors, and alleged as an affirmative defense of reprisal for protected whistleblowing activity. The administrative judge found that “the agency proved the charge by substantial evidence.” The Federal Circuit vacated in part. The Merit Systems Protection Board applied the wrong standard and, on remand, must apply a “preponderance of the evidence” standard to determine whether the conduct occurred and apply the Douglas factors to the penalty. Bryant failed to prove his affirmative defense of whistleblower reprisal. View "Bryant v. Department of Veterans Affairs" on Justia Law

Bannister has been employed by the VA for over two decades. While working as a pharmacist at the Baton Rouge Southeast Louisiana Veterans Health Care System, Bannister received a notice of proposed removal under 38 U.S.C. 714 based on conduct unbecoming a federal employee. The notice alleged that Bannister had repeatedly spoken rudely and inappropriately to veterans and coworkers, had “yell[ed] and scream[ed]” at pharmacy personnel after being informed that she had been assigned to provide curbside triage to patients.The VA issued a final decision sustaining the charge but mitigating the proposed penalty to a 30-day suspension. After considering Bannister’s “written replies” “along with all the evidence developed and provided to [Bannister],” the deciding official “found that the charge as stated in the notice of proposed removal [was] supported by substantial evidence.” Bannister contested whether the charged conduct occurred, and she alleged as an affirmative defense that the VA suspended her in reprisal for protected whistleblowing activity. The Merit Systems Protection Board upheld Bannister’s suspension.The Federal Circuit rejected her whistleblower claim but found that the Board’s decision as to the underlying suspension rested on an incorrect statement of law. On remand, the Board should apply the preponderance-of-the-evidence standard of proof. View "Bannister v. Department of Veterans Affairs" on Justia Law

The Supreme Court reversed the portion of the opinion of the court of appeals vacating the administrative law judge's (ALJ) award of temporarily total disability (TTD) benefits and affirmed the portion of the court of appeals' opinion vacating the award of permanent partial disability (PPD) benefits insofar as it applied to the enhancement, holding that the court of appeals erred in part.Plaintiff sustained a work-related injury while working for Defendant. An ALJ awarded Plaintiff TTD benefits, PPD benefits, and medical benefits. The ALJ applied the two-times multiplier from Ky. Rev. Stat. 342.730(1)(c)2 to Plaintiff's PPD benefits. The court of appeals vacated the ALJ's award of TTD benefits and vacated the award of PPD benefits insofar as it applied to the enhancement. The Supreme Court reversed in part, holding (1) the ALJ did not err in awarding Plaintiff TTD benefits; and (2) the ALJ erred in enhancing Plaintiff's PPD benefits by the two-times multiplier. View "French v. Rev-A-Shelf" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the administrative law judge (ALJ) granting Austin Ellison's workers' compensation claim and awarding him disability benefits, holding that substantial evidence supported the ALJ's conclusions.Ellison, who was employed by Dee Whitaker Concrete as a general laborer, was leaving a job site and traveling back to Whitaker Concrete's premises when he was injured in an automobile accident. Whitaker Concrete denied Ellison's workers' compensation claim on the ground that injuries sustained while going to or returning from the workplace are not compensable. The ALJ ruled that Ellison's injuries were compensable, finding that Ellison fell within the traveling employee and the service to the employer exceptions to the going and coming rule. The Board and court of appeals affirmed. The Supreme Court affirmed, holding that Ellison's status as a traveling employee qualified as an exception to the going and coming rule. View "Dee Whitaker Concrete v. Ellison" on Justia Law

The Postal Reorganization Act of 1970 authorizes USPS to “classify and fix the compensation and benefits of all officers and employees,” 39 U.S.C. 1003(a), to “provide adequate and reasonable differentials in rates of pay between employees in the clerk and carrier grades . . . and supervisory and other managerial personnel.” USPS must “achieve and maintain compensation for its . . . employees comparable to the rates and types of compensation paid in the private sector of the economy” and must allow organizations representing supervisory and other managerial employees “to participate directly in the planning and development of pay policies and schedules” relating to supervisory and managerial employees.The Association, a recognized organization of supervisory personnel, challenged USPS’s adoption of the 2016–2019 pay package for “Field” Executive and Administrative Schedule personnel. The district court dismissed the complaint, finding that the cited provisions state “policy goals.” not mandatory and enforceable directives.The D.C. Circuit reversed. The Association plausibly alleged that USPS exceeded its statutory authority by failing to institute “some differential” in pay for supervisors and by failing to demonstrate that it set its compensation levels by reference, inter alia, to the compensation paid” in the private sector. USPS failed to comply with the Act by refusing to consult with the Association on compensation for “Area” and “Headquarters” employees; by refusing to consult regarding postmasters; and by failing to provide the Association with reasons for rejecting its recommendations. View "National Association of Postal Supervisors v. United States Postal Service" on Justia Law

Dr. Standley was employed by the Department of Energy (DOE) National Nuclear Security Administration. Standley contends that over several years he sought to ensure that the Space and Atmospheric Burst Reporting System (SABRS) for nuclear detection, was funded and supported, believing this was required under section 1065 of the National Defense Authorization Act of 2008. He claims his superiors attempted to block funding and his work on SABRS. In 2015, Standley sent an email entitled “Obstruction of Public law 110- 118, NDAA 2008, Maintenance of Space-based Nuclear Detonation Detection System” to the Under Secretary of State for Arms Control and International Security Affairs, with copies to Department of Defense representatives, and the Office of Special Counsel. Following several additional unsuccessful attempts to change DOE's position, Standley filed an unsuccessful appeal with the Merit Systems Protection Board, alleging that DOE and its employees retaliated against him for his efforts to change the DOE policy by not selecting him for any of three DOE Director positions posted in 2014-2017. Standley claimed he was engaging in protected whistleblowing when he opposed efforts to defund SABRS. The Federal Circuit affirmed. Substantial evidence supports the Board’s decision. Section 1065 does not require that the DOE provide its SABRS program to the Secretary of Defense. The court acknowledged “Standley’s well-intentioned beliefs about the mission,” and his pro se status, but found his challenges to a government policy decision with which he disagreed unavailing. View "Standley v. Department of Energy" on Justia Law

OSHA investigated DRTG, a Houston construction company, following a worksite fatality. DRTG employees provided DRTG’s business address, which is also the home address of DRTG’s sole owner. On September 13, OSHA issued a citation and a notice of a proposed penalty to DRTG, mailed to the provided address by USPS certified mail. After an unsuccessful delivery attempt was made on September 16, USPS left a standard delivery slip saying that the certified mailing would be held at the Post Office for pick-up; DRTG never retrieved the mailing. OSHA sent the citation by UPS Next Day Air on September 23. According to UPS tracking, the citation was successfully delivered to DRTG’s doorstep on September 24. DRTG had 15 working days to file a notice of contest, which OSHA calculated from the date of the UPS delivery as October 16. DRTG did not file the notice by the deadline. The citation became a final order on October 16, 29 U.S.C. 659(a). The next day, an OSHA representative spoke with Padron regarding documentation required by the citation. A "next of kin letter" sent by OSHA to a DRTG employee who was the deceased employee’s cousin, was received on October 18, was immediately forwarded to DRTG’s counsel.On November 5, OSHA received DRTG’s notice of contest, which was ultimately rejected as untimely. The Fifth Circuit affirmed. DRTG was properly served with notice. View "D.R.T.G. Builders, L.L.C. v. Occupational Safety and Health Review Commission" on Justia Law

The Supreme Court modified and affirmed the decision of the court of appeals holding that the decision of the North Carolina Industrial Commission should be reversed and this case remanded to the Commission for recalculation of Plaintiff's average weekly wage, holding that the court of appeals did not err.Plaintiff, an injured employee, received temporary disability benefits. Plaintiff later requested that his claim be assigned for a hearing, claiming that Defendant, his employer, had unilaterally lowered the amount of temporary total disability benefits that he had been receiving with respect to his back injury and that the parties could not agree with respect to the amount of benefits to which Plaintiff was entitled. The Commission determined that the fifth method for calculating Plaintiff's average weekly wage was appropriate for use in this case. The court of appeals reversed and remanded the case. The Supreme Court affirmed, holding that the findings and conclusions that the Commission made in support of its average weekly wages determination appeared to rest upon a misapplication of the applicable legal standard. View "Nay v. Cornerstone Staffing Solutions" on Justia Law

The issue this case presented for the New Hampshire Supreme Court arose from the New Hampshire Division of State Police's decision to terminate State Trooper Thomas Owens after an internal investigation. The Trooper appealed his termination to the New Hampshire Personnel Appeals Board (PAB), which reinstated him. The Division appealed, arguing that the PAB’s reinstatement of the Trooper was unjust and unreasonable because he was no longer qualified to be a state trooper. It also argued that the PAB erred as a matter of law when it reinstated the employee in contravention of public policy. Finding no reversible error, the Supreme Court affirmed the PAB. View "Appeal of New Hampshire Division of State Police" on Justia Law