Westlaw Topical Highlights: Labor and Employment, Dec. 5, 2012

December 5, 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. Attorney Fees: Time sheets in ERISA action for delinquent contributions were sufficiently detailed, but rates charged were not all reasonable. Ferrara v. Oakfield Leasing Inc. 2012 WL 5467519 (E.D.N.Y.)

2. Benefit Plans: “Substitution” provision of Wisconsin Family and Medical Leave Act (WFMLA) was preempted by ERISA. Sherfel v. Gassman 2012 WL 4499245 (S.D.Ohio)

3. Public Employment: Public concern test applied to police officer’s First Amendment retaliation action against police department. Cillo v. City of Greenwood Village 2012 WL 4478952 (D.Colo.)

4. Arbitration: Class action waiver was unenforceable, as employee’s case to vindicate unwaivable statutory rights was not viable unless it could be brought as a class action. Franco v. Arakelian Enterprises, Inc. 2012 WL 5898063 (Cal.App. 2 Dist.)

5. Discrimination: Surgeon was not “employee” of hospital, as required to support Title VII claim based on revocation of her staff privileges. Brintley v. St. Mary Mercy Hosp. 2012 WL 5817237 (E.D.Mich.)

6. Workers’ Compensation: Retail franchisee was not injured worker’s employer under the Texas Workers’ Compensation Act (TWCA). Calvasina v. Wal-Mart Real Estate Business Trust 2012 WL 4506001 (W.D.Tex.)

7. Benefit Plans: Retirement plans’ fiduciaries did not abuse their discretion by offering investment option in company’s stock. In re GlaxoSmithKline ERISA Litig. 2012 WL 3798260 (C.A.2 (N.Y.))

8. Discrimination: Dispute over whether applicant missed deadline for filing administrative complaint was to be resolved by jury, not judge. Begolli v. Home Depot U.S.A., Inc. 2012 WL 5951635 (C.A.7 (Wis.))

9. Hours and Wages: Factual issues regarding causation barred summary judgment for employer on employee’s FLSA retaliation claim. Kasten v. Saint-Gobain Performance Plastics Corp. 2012 WL 5971209 (C.A.7 (Wis.))

10. Benefit Plans: A plan administrator was a proper defendant in an Employee Retirement Income Security Act (ERISA) action.  Ayotte v. Prudential Ins. Co. of America 2012 WL 4580316 (N.D.Ill.)

11. Public Employment: Fire chief’s “standby pay” for on-call periods was nonpensionable. City of Pleasanton v. Board of Administration of the California Public Employees’ Retirement System 2012 WL 5984074 (Cal.App. 1 Dist.)

12. Workers’ Compensation: Legislature had authority to transfer monies from the Special Fund of the Industrial Commission of Arizona (ICA).  Industrial Com’n of Arizona v. Brewer 2012 WL 5897323 (Ariz.App. Div. 1)

13. Discrimination: Employee was not person aggrieved, and thus, lacked standing to bring Title VII hostile work environment claim. Cochran v. Five Points Temporaries, LLC 2012 WL 5492597 (N.D.Ala.)

14. Benefit Plans: ERISA plan acted reasonably in determining that employer’s contributions were not result of mistake.  U.S. Foodservice, Inc. v. Truck Drivers & Helpers Local Union No. 355 Health & Welfare Fund 2012 WL 5975227 (C.A.4 (Md.))

15. Collective Bargaining: Cities had duty to bargain collectively with police officers’ union.  Eastern Missouri Coalition of Police, Fraternal Order of Police, Lodge 15 v. City of Chesterfield 2012 WL 5914915 (Mo.)

16. Workers’ Compensation: Review provision unconstitutionally allowed abrogation of accrued right Williams Companies, Inc. v. Dunkelgod 2012 WL 5870672 (Okla.)

17. Collective Bargaining: State constitution imposed obligation upon board of education to act in good faith when bargaining with teachers’ union.  American Federation of Teachers v. Ledbetter 2012 WL 5921069 (Mo.)