Westlaw Topical Highlights: Labor and Employment, July 31, 2013

July 31, 2013

Labor and EmploymentTopical 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

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Discrimination: The 300-day period to file an age-discrimination action commenced on date employee knew of adverse employment action.  Slusser v. Vantage Builders, Inc. The New Mexico Court of Appeals has held that, under the discovery rule, the 300-day period of time for a former employee to file an action for age discrimination under the New Mexico Human Rights Act began to run on the date the employee knew of or should have known of the adverse employment action. The Court found this to be so regardless of whether the employee then had or should have had knowledge of the employer’s alleged discriminatory intent. 2013 WL 3716671

Public Employment: Substantial evidence did not support denial of within-grade increase (WIGI) by Pension Benefit Guaranty Corporation (PBGC).  Oulianova v. Pension Be. Guar. Corp. 2013 WL 3786689 (M.S.P.B.)

Protection of Proprietary information: Departing executives did not violate Computer Fraud and Abuse Act (CFAA).  Power Equipment Maintenance, Inc. v. AIRCO Power Services, Inc. 2013 WL 3422779 (S.D.Ga.)

Unions: Union discriminatorily failed to refer a member for employment after he lost a union election.  N.L.R.B. v. Teamsters General Local Union No. 200 2013 WL 3796144 (C.A.7)

Public Employment: Former version of Maine statute did not create contractual obligation to pay COLAs to any MePERS beneficiaries.  Maine Ass’n of Retirees v. Board of Trustees of Maine Public Employees Retirement System 2013 WL 3212360 (D.Me.)

Benefit Plans: Investment fund was “trade or business” subject to withdrawal liability under MPPAA.  Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund 2013 WL 3814984 (C.A.1 (Mass.))

Discrimination: Termination of employee for being intoxicated at work did not occur because of his complaints about sexual harassment.  Lambert v. Peri Formworks Systems, Inc. 2013 WL 3814331 (C.A.7 (Ill.))

Discrimination: Plaintiff was entitled to some, but not all, requested relief in discrimination and retaliation case.  Jean-Baptiste v. District of Columbia 2013 WL 3766908 (D.D.C.)

Whistleblowing: Employee could not make out a Sarbanes-Oxley Act claim against his employer.  Feldman v. Law Enforcement Associates Corp. 2013 WL 3288309 (E.D.N.C.)

Arbitration: It was for arbitrator to determine whether grievant was supervisor and whether his supervisory status made him exempt from CBA.  Pick Quick Food, Inc. v. United Food and Commercial Workers Local 342 2013 WL 3466451 (E.D.N.Y.)

Wrongful Discharge: Nurse practitioner did not establish jeopardy element of wrongful termination in violation of public policy.  Worley v. Providence Physician Services Co. 2013 WL 3830058 (Wash.App. Div. 3)

Unemployment Compensation: Employer’s verbal abuse of employee presented good cause connected with work for employee to quit, as required for eligibility for unemployment benefits.  Imperial Valet Services, Inc. v. Alvarado 2013 WL 3820947 (D.C.)

Public Employment: Agency failed to show compliance with Merit Systems Protection Board order requiring reconstruction of selection process.  Russell v. Department of Health and Human Services 2013 WL 3816389 (M.S.P.B.)

Occupational Safety: Supervisor’s knowledge of his own violative conduct could not be imputed to his employer under OSHA.  ComTran Group, Inc. v. U.S. Dept. of Labor 2013 WL 3814935 (C.A.11)

Public Employment: Federal employee’s appeal of removal could be dismissed with prejudice as sanction for refusal to comply with orders.  Davis v. Department of Commerce 2013 WL 3816387 (M.S.P.B.)

Arbitration: Court expanded terms of arbitration award beyond scope of the award, which it lacked jurisdiction to do.  National Football League Players Ass’n v. National Football League Management Council 2013 WL 1693951 (C.A.2 (N.Y.))

Discrimination: Termination of employee’s employment for misconduct during mediation did not violate anti-retaliation provision.  Benes v. A.B. Data, Ltd. 2013 WL 3838112 (C.A.7 (Wis.))

Leaves: Employer could require medical certification for FMLA leave more than five business days after leave was requested.  Kinds v. Ohio Bell Telephone Co. 2013 WL 3868427 (C.A.6 (Ohio))

Discrimination: An employer’s termination of an African-American employee for lack of a high school diploma was not pretext.  Lewis v. Jefferson Parish Hosp. Service Dist. No. 2 2013 WL 3364360 (E.D.La.)

Independent Contractors: Prior decision of Unemployment Insurance Appeals Board collaterally estopped argument that workers were employees.  Happy Nails & Spa of Fashion Valley, L.P. v. Su 2013 WL 3784120 (Cal.App. 4 Dist.)