Westlaw Topical Highlights: Labor and Employment, Dec. 7, 2012

December 12, 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. Jurisdiction: Failure to exhaust Title VII administrative remedies was not issue of subject matter jurisdiction.  Daniels v. Donahoe 2012 WL 4739460 (D.Hawai’i)

2. Discrimination: Probation officer lacked a due process protected right in a merits-based promotion process. Zavatsky v. O’Brien 2012 WL 4594214 (D.Mass.)

3. Military leave: Servicemember’s position at company was terminated following his return from deployment. Milhauser v. Minco Products, Inc. 2012 WL 6028050 (C.A.8 (Minn.))

4. Public Employment: Without proof of “Recovery” from disability, firefighter’s pension benefits would not be discontinued.  Hoffman v. Orland Firefighter’s Pension Bd. 2012 WL 5910799 (Ill.App. 1 Dist.)

5. Discrimination: Employee would be appointed counsel for sole purpose of mediation, thought court might entertain motion for trial purposes. Thomas v. Washington Metropolitan Area Transit Authority 2012 WL 6055577 (D.D.C.)

6. Public Employment: Federal employee seeking judicial review of personnel action in “mixed case” asserting discrimination should bring suit in district court—Supreme Court Decision Kloeckner v. Solis 2012 WL 6097022 (U.S.)

7. Workers’ Compensation: Employer did not act with knowledge that injury to employee was substantially certain to result. Monge v. RG Petro-Machinery (Group) Co. Ltd. 2012 WL 6062511 (C.A.10 (Okla.))

8. Discrimination: Allegations of disability discrimination and retaliation under state law were not subject to complete preemption under LMRA. Paul v. Kaiser Foundation Health Plan of Ohio 2012 WL 6115929 (C.A.6 (Ohio))

9. Unemployment Compensation: Evidence did not support referee’s finding that claimant substantially disregarded his duties and obligations to employer. Laneri v. Reemployment Assistance Appeals Com’n 2012 WL 6061119 (Fla.App. 5 Dist.)

10. Discrimination: ADA Amendments Act did not apply retroactively. Reynolds v. American Nat. Red Cross 2012 WL 6062702 (C.A.4 (W.Va.))