Westlaw Topical Highlights: Labor and Employment, June 19, 2013

June 19, 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

Unfair Labor Practices: NLRA’s six-month limitations period was triggered when local union official assaulted non-union employee.  Drake v. Richerson 2013 WL 2404004 (N.D.Ohio)

A non-union employee knew, or should have known, of the facts supporting his alleged unfair labor practices claim stemming from his assault by local union official, triggering the six-month limitations period for bringing his claim under the NLRA, within moments of the assault. The employee had previously had a negative encounter with the official at his work site, and reported the matter to his supervisor. In addition, the employee knew that the official had violent tendencies and had allegedly threatened to shoot him, and the official had referenced the men’s previous encounter before commencing the assault upon the employee. 2013 WL 2404004 (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Benefit Plans: Fund reasonably determined that plan document did not mandate individualized vocational assessment of disability applicants. Creelman v. Carpenters Pension & Annuity Fund of Philadelphia & Vicinity 2013 WL 1972200 (E.D.Pa.)

Public Employment: Judges stated claim that statute allowing state to reduce health benefits contribution violated Compensation Clause. Bransten v. State 2013 WL 2321678 (N.Y.Sup.)

Arbitration: FAA does not preempt the right to pursue representative action against employers under PAGA. Brown v. Superior Court 2013 WL 2449501 (Cal.App. 6 Dist.)

Public Employment: Evidence supported finding that city employee did not inform city of divorce, causing expenditure of benefits on ex-wife.  Aich v. City of Chicago 2013 WL 2456263 (Ill.App. 1 Dist.)

Public Employment: Merit Systems Protection Board (MSBP) lacked jurisdiction to consider FBI employee’s whistleblowing affirmative defense.  Van Lancker v. Department of Justice 2013 WL 2637251 (M.S.P.B.)

Discrimination: Employee failed to establish prima facie case of retaliation under Title VII and Minnesota Human Rights Act. Muor v. U.S. Bank Nat. Ass’n 2013 WL 2631169 (C.A.8 (Minn.))

Benefit Plans: County’s breach of implied terms creating retirees’ vested rights to health care benefits was sufficiently alleged. Retiree Support Group of Contra Costa County v. Contra Costa County 2013 WL 1915661 (N.D.Cal.)

Wrongful Discharge: Allegedly wrongfully discharged employee’s complaint as pled failed to support public policy exception to at-will doctrine.  Jones v. District of Columbia Water and Sewer Authority 2013 WL 1869175 (D.D.C.)

Department of Labor: National Labor Relations Board exceeded its authority in issuing rule requiring employers to post notice of employees’ rights.  Chamber of Commerce of U.S. v. N.L.R.B. 2013 WL 2678592 (C.A.4 (S.C.))

Discrimination: Prior statements in Social Security proceedings estopped employee from asserting Age Discrimination in Employment Act claim.  Isotalo v. Kelly Services, Inc. 2013 WL 2034701 (E.D.Mich.)

Public Employment: Award of attorney fees was not warranted for employee in action by Office of Special Counsel seeking employee’s removal.  Special Counsel v. Salas 2013 WL 2898248 (M.S.P.B.)

Public Employment: Department of Agriculture employee’s protected disclosure was a contributing factor in his demotion, for purposes of whistleblower claim.  Shibuya v. Department of Agriculture 2013 WL 2931717 (M.S.P.B.)

 

Westlaw Topical Highlights: Labor and Employment, June 19, 2013

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

Unfair Labor Practices: NLRA’s six-month limitations period was triggered when local union official assaulted non-union employee.  Drake v. Richerson 2013 WL 2404004 (N.D.Ohio)

A non-union employee knew, or should have known, of the facts supporting his alleged unfair labor practices claim stemming from his assault by local union official, triggering the six-month limitations period for bringing his claim under the NLRA, within moments of the assault. The employee had previously had a negative encounter with the official at his work site, and reported the matter to his supervisor. In addition, the employee knew that the official had violent tendencies and had allegedly threatened to shoot him, and the official had referenced the men’s previous encounter before commencing the assault upon the employee. 2013 WL 2404004 (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Benefit Plans: Fund reasonably determined that plan document did not mandate individualized vocational assessment of disability applicants. Creelman v. Carpenters Pension & Annuity Fund of Philadelphia & Vicinity 2013 WL 1972200 (E.D.Pa.)

Public Employment: Judges stated claim that statute allowing state to reduce health benefits contribution violated Compensation Clause. Bransten v. State 2013 WL 2321678 (N.Y.Sup.)

Arbitration: FAA does not preempt the right to pursue representative action against employers under PAGA. Brown v. Superior Court 2013 WL 2449501 (Cal.App. 6 Dist.)

Public Employment: Evidence supported finding that city employee did not inform city of divorce, causing expenditure of benefits on ex-wife.  Aich v. City of Chicago 2013 WL 2456263 (Ill.App. 1 Dist.)

Public Employment: Merit Systems Protection Board (MSBP) lacked jurisdiction to consider FBI employee’s whistleblowing affirmative defense.  Van Lancker v. Department of Justice 2013 WL 2637251 (M.S.P.B.)

Discrimination: Employee failed to establish prima facie case of retaliation under Title VII and Minnesota Human Rights Act. Muor v. U.S. Bank Nat. Ass’n 2013 WL 2631169 (C.A.8 (Minn.))

Benefit Plans: County’s breach of implied terms creating retirees’ vested rights to health care benefits was sufficiently alleged. Retiree Support Group of Contra Costa County v. Contra Costa County 2013 WL 1915661 (N.D.Cal.)

Wrongful Discharge: Allegedly wrongfully discharged employee’s complaint as pled failed to support public policy exception to at-will doctrine.  Jones v. District of Columbia Water and Sewer Authority 2013 WL 1869175 (D.D.C.)

Department of Labor: National Labor Relations Board exceeded its authority in issuing rule requiring employers to post notice of employees’ rights.  Chamber of Commerce of U.S. v. N.L.R.B. 2013 WL 2678592 (C.A.4 (S.C.))

Discrimination: Prior statements in Social Security proceedings estopped employee from asserting Age Discrimination in Employment Act claim.  Isotalo v. Kelly Services, Inc. 2013 WL 2034701 (E.D.Mich.)

Public Employment: Award of attorney fees was not warranted for employee in action by Office of Special Counsel seeking employee’s removal.  Special Counsel v. Salas 2013 WL 2898248 (M.S.P.B.)

Public Employment: Department of Agriculture employee’s protected disclosure was a contributing factor in his demotion, for purposes of whistleblower claim.  Shibuya v. Department of Agriculture 2013 WL 2931717 (M.S.P.B.)