Westlaw Topical Highlights: Labor and Employment, Dec. 19, 2012

December 19, 2012

Labor and EmploymentWestlaw Topical Highlights for Labor and Employment provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting labor and employment law.  A Westlaw subscription is required to access the documents linked from this page.

1. Limitations: Four-month limitations period for Article 78 proceedings applied to employees’ action against city regarding wage freezes. Gress v. Brown 2012 WL 6195805 (N.Y.)

2. Unfair Labor Practices: Plaintiff demonstrated irreparable harm, as required for temporary injunction under NLRA for reinstatement of workers. Hubbel v. Patrish LLC 2012 WL 4893693 (E.D.Mo.)

3. Employer’s Liability: Employer did not owe duty to conduct pre-employment criminal background check of employee hired to perform manual labor. Keen v. Miller Environmental Group, Inc. 2012 WL 6098355 (C.A.5 (Miss.))

4. Public Employment: Officer forfeited pension when he was terminated for cause, even after pension vested based on 12 years of service. Breeden v. Borough of Crafton 2012 WL 6013438 (Pa.Cmwlth.)

5. Discrimination: Purpose of LMRA preemption did not apply to former employee’s ADA claims. Watts v. United Parcel Service, Inc. 2012 WL 6172137 (C.A.6 (Ohio))

6. Hours and Wages: Male civilian employee of United States Army employee failed to establish prima facie case under Equal Pay Act. Santiago v. U.S. 2012 WL 5451788 (Fed.Cl.)

7. Contracts: Preliminary injunction enforcing employment agreement’s noncompete, nonsolicitation, and nondisclosure terms was not warranted.  General Parts Distribution LLC v. Perry 2012 WL 4866335 (E.D.N.C.)

8. Benefit Plans: Payment of benefits for 17 years was not sufficient to show entitlement to benefits. Baird v. Unum Group 2012 WL 4888325 (S.D.Ohio)

9. Unfair Labor Practices: Employer accused of refusal to bargain with certified union was not entitled to have representation election set aside. Ashland Facility Operations, LLC v. N.L.R.B. 2012 WL 6217607 (C.A.4)

10. Benefit Plans: Claim retirement plan’s benefit accrual formula was backloaded was not mooted by employer’s promise not to violate provision. Kifafi v. Hilton Hotels Retirement Plan 2012 WL 6216631 (C.A.D.C.)

11. Unfair Labor Practices: NLRB was entitled to enforcement of finding that an employer refused to bargain when it unilaterally changing its dress code. 2012 Medco Health Solutions of Las Vegas, Inc. v. N.L.R.B. 2012 WL 6216599 (C.A.D.C.)

12. Benefit Plans: Employer could not unilaterally substitute Medicare Part D for employee benefit plan’s existing prescription drug benefit. Shy v. Navistar Intern. Corp. 2012 WL 6216370 (C.A.6 (Ohio))

13. Benefit Plans: Beneficiary’s lawsuit alleging fraudulent conversion of her plan funds was not completely preempted under ERISA. Nixon v. Vaughn 2012 WL 4961461 (W.D.La.)

14. Benefit Plans: Investment funds were not “trades or businesses” subject to withdrawal liability under Multiemployer Pension Plan Amendments Act. Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund 2012 WL 5197117 (D.Mass.)

15. Discrimination: Employee failed to establish prima facie Age Discrimination in Employment Act (ADEA) case. Castro v. School Bd. of Manatee County, Fla. 2012 WL 5193421 (M.D.Fla.)

16. Leaves: Material fact issue existed as to whether teacher’s FMLA leave was motivating factor in school’s decision not to rehire her.  Callaway v. Academy of Flint Charter School 2012 WL 5265728 (E.D.Mich.)

17. Employee Privacy: Gaming Enterprise did not have reasonable cause to require bartender to submit to alcohol/drug testing. Osfield v. Mashantucket Pequot Gaming Enterprise 2012 WL 6212595 (Mash. Pequot Tribal Ct.)

18. Hours and Wages: Employee’s allegations did not state Fair Labor Standards Act retaliation claim. Johnson v. North Carolina 2012 WL 5024039 (W.D.N.C.)