Westlaw Topical Highlights: Labor and Employment, June 5, 2013

June 5, 2013

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. Benefit Plans: Participant in employer-sponsored income protection plan was entitled to long term disability (LTD) benefits under ERISA. Wilson v. Walgreen Income Protection Plan for Pharmacists and Registered Nurses, Walgreen Co. 2013 WL 1799599 (M.D.Fla.)

2. Arbitration: Arbitrators could not be compelled to submit to discovery regarding alleged partiality in ruling for labor union. Administrative Dist. Council 1 of Illinois of the Intern. Union of Bricklayers and Allied Craftworkers, AFL-CIO v. Masonry Co., Inc. 2012 WL 1831454 (N.D.Ill.)

3. Workers’ Compensation: Claimant’s average weekly wage (AWW) was weekly wage received at time of his career-ending pre-season knee injury. Campbell v. New Orleans Saints 2013 WL 2122574 (La.App. 5 Cir.)

4. Unions: Privacy clause of constitution did not excuse county from disclosing employees’ contact information to union. County of Los Angeles v. Los Angeles County Employee Relations Com’n 2013 WL 2348163 (Cal.)

5. Collective Bargaining: LMRA preempted parcel delivery service drivers’ claims alleging threats, coercion, intimidation, and violence. Samosky v. United Parcel Service 2013 WL 1895673 (S.D.W.Va.)

6. Discrimination: Adverse employment action against female employee because she was lactating would constitute sex discrimination under Title VII.  E.E.O.C. v. Houston Funding II, Ltd. 2013 WL 2360114 (C.A.5 (Tex.))

7. Discrimination: Volunteer firefighter was not employee of fire department under Title VII. Juino v. Livingston Parish Fire Dist. No. 5 2013 WL 2360116 (C.A.5 (La.))

8. Workers’ Compensation: Under the “bunkhouse rule,” an off-duty worker’s injuries occurred within the course and scope of her employment.  Boyko v. Parker 2013 WL 1857443 (D.Utah)

9. Unemployment Compensation: Employee fired for refusing to comply with hospital’s flu shot policy was eligible for unemployment benefits.  AnMed Health v. South Carolina Dept. of Employment and Workforce 2013 WL 2234037 (S.C.App.)

10. Public Employment: Federal Employees’ Group Life Insurance Act preempts Virginia statute rendering named beneficiary liable to widow or widower for proceeds received—Supreme Court Decision  Hillman v. Maretta 2013 WL 2371463 (U.S.Va.)

11. Leaves: Employer did not interfere with family medical leave to which employee was entitled under Family Medical Leave Act.  Aboulhosn v. Merrill Lynch, Pierce, Fenner & Smith Inc. 2013 WL 1628602 (C.D.Cal.)

12. Contracts: Court improperly allowed jury to determine whether employee was terminated for good cause in Massachusetts-law contract suit.  Weiss v. DHL Exp., Inc. 2013 WL 2382591 (C.A.1 (Mass.))

13. Public Employment: Statute, providing that peace officer who is subject of investigation may have representatives present during interrogation, does not impose duty of fair representation on police protective association.  Bisch v. Las Vegas Metropolitan Police Dept. 2013 WL 2364183 (Nev.)