Westlaw Topical Highlights: Labor and Employment, March 13, 2012

March 13, 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.

Benefit Plans: ERISA plan administrator’s waiver of ground for denial of coverage by failing to assert it during administrative process—Certiorari Denied California Physicians’ Service v. Harlick 2013 WL 776454 (U.S.)

Aliens: Sufficiency of employees’ allegations that plant managers and staff engaged in civil RICO conspiracy by hiring illegal aliens to depress employees’ wages—Certiorari Denied Walters v. McMahen 2013 WL 776458 (U.S.)

Evidence: Probative value of evidence about employee’s other complaints or union grievances was outweighed by danger of unfair prejudice.  Redd v. New York State Div. of Parole 2013 WL 588233 (E.D.N.Y.)

Benefit Plans: District court could consider evidence outside of record that had been known to ERISA administrator.  Helton v. AT & T Inc. 2013 WL 812118 (C.A.4 (Va.))

Wrongful Discharge: At-will employee failed to establish wrongful termination claim.  Custom Hardware Engineering & Consulting, Inc. v. Dowell 2013 WL 269143 (E.D.Mo.)

Workers’ Compensation: Phrase “physical brain damage” means physical brain damage that is both permanent and severe, as that phrase is used in workers’ compensation statute.  Sparks v. Palmetto Hardwood, Inc. 2013 WL 812501 (S.C.)

Discrimination: Supervisor’s sexist comments supported jury’s finding that employer discriminated against female employee based on her sex.  Hudson v. United Systems of Arkansas, Inc. 2013 WL 828049 (C.A.8 (Ark.))

Discrimination: Any gender discrimination in hiring domestic servants was by employment consultant rather than client.  Smith v. Blavatnik 2011 WL 10481314 (N.Y.City Civ.Ct.)

Unions: International union lacked authority to increase local union members’ dues where they were not members of international.  Corns v. Laborers Intern. Union of North America 2013 WL 848124 (C.A.9 (Cal.))

Hours and Wages: Evidence supported jury’s finding that employer’s directors could be held individually liable in FLSA action.  Lamonica v. Safe Hurricane Shutters, Inc. 2013 WL 811906 (C.A.11 (Fla.))

Discrimination: Officers demonstrated actual injury from non-promotion, as required to have standing based on violation of another’s rights.  Montone v. City of Jersey City 2013 WL 856359 (C.A.3 (N.J.))

Whistleblowing: Former employee alleged sufficient facts to state a claim for retaliatory discharge under Illinois Whistleblower Act.  Willms v. OSF Healthcare System 2013 WL 683185 (Ill.App. 3 Dist.)

Workers’ Compensation: Procedural requirements for approval of settlement apply to retaliation claims.  Coleman v. Compass Group USA, Inc./Chartwells 2013 WL 709039 (N.Y.A.D. 3 Dept.)

Workers’ Compensation: Automobile manufacturer made prima facie showing of lack of intent to injure.  Rudisill v. Ford Motor Co. 2013 WL 869601 (C.A.6 (Ohio))

Public Employment: Public employee was not deprived of procedural due process in connection with termination of his employment.  Kuhn v. Washtenaw County 2013 WL 869604 (C.A.6 (Mich.))

Discrimination: Broadcaster’s nondiscriminatory reason for selecting competing candidate on basis of superior qualifications was not pretextual.  Grosdidier v. Broadcasting Bd. of Governors, Chairman 2013 WL 845289 (C.A.D.C.)

Discrimination: Employer’s promotion of younger African-American female did not establish pretext for not promoting African-American male.  Montgomery v. Gotbaum 2013 WL 385049 (D.D.C.)

Arbitration: Employee was required to arbitrate claims with co-employers, even though one was not a signatory to arbitration agreement.  Fox v. Computer World Services Corp. 2013 WL 385610 (D.D.C.)

Discrimination: Employer’s apparently false claim did not suggest racial discrimination.  Collins v. American Red Cross 2013 WL 856512 (C.A.7 (Ill.))

Workers’ Compensation: “Knowingly,” for purposes of a claim for reimbursement under fraud provision, requires subjective intent to defraud.  ARCTEC Services v. Cummings 2013 WL 860081 (Alaska)

Discrimination: Federal employee was not meeting his employer’s legitimate expectations.  Vaughn v. Vilsack 2013 WL 856515 (C.A.7 (Ill.))