Westlaw Topical Highlights: Labor and Employment, May 1, 2013

May 1, 2013

Labor and Employment

Westlaw 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. Whistleblowing: Employee fired for releasing confidential customer information to child protection agency stated claim for retaliation. Stapleton v. DSW, Inc. 2013 WL 1137119 (D.N.J.)

2. Workers’ Compensation: Claimant who leaves job with employer responsible for injury in order to pursue more desirable employment does not waive temporary total disability benefits. Zwiener v. Becton Dickinson-East 2013 WL 1749286 (Neb.)

3. Hours and Wages: Under Illinois Minimum Wage Law (IMWL), poultry processors were not entitled to compensation for time spent Mitchell v. JCG Industries 2013 WL 887985 (N.D.Ill.)

4. Public Employment: Court lacked subject matter jurisdiction to review revocation of employee’s security clearance. Hegab v. Long 2013 WL 1767628 (C.A.4 (Va.))

5. Benefit Plans: World Trade Center accidental disability retirement benefits did not extend to Port Authority police airport patrols. Cardno v. New York State and Local Retirement System 2013 WL 1457746 (N.Y.A.D. 3 Dept.)

6. Discrimination: Applicant failed to establish prima facie case of failure to hire based on his color or national-origin. Almutairi v. International Broadcasting Bureau 2013 WL 870280 (D.D.C.)

7. Unions: Union member stated claim against union for violation of statute guaranteeing right of free speech. Kovach v. Turner Dairy Farms, Inc. 2013 WL 891551 (W.D.Pa.)

8. Collective Bargaining: Employee’s state-law false imprisonment and emotional distress claims were not preempted as claims for violation of CBA. Smith v. Giant Food, LLC 2013 WL 1164487 (D.Md.)

9. Sanctions: Striking of plaintiffs’ affidavits, as discovery sanction, was affirmed on appeal. Carmody v. Kansas City Bd. of Police Com’rs 2013 WL 1729517 (C.A.8 (Mo.))

10. Collective Bargaining: Employer’s alteration of retiree healthcare benefits to HRA funding structure breached CBAs and violated LMRA and ERISA. United Steel, Paper and Forestry, Rubber, Mfg., Energy, Allied Indus. and Service Workers Intern. Union, AFL-CIO-CLC v. Kelsey-Hayes Co. 2013 WL 1748786 (E.D.Mich.)

11. Discrimination: Employee did not have to plead he was qualified individual with disability to maintain ADA claim stemming from medical exam. Franklin v. City of Slidell 2013 WL 1288405 (E.D.La.)

12. Public Employment: Internal investigation of allegation of workers’ compensation fraud triggered exception from POBRA limitations period. California Department of Corrections and Rehabilitation v. State Personnel Board 2013 WL 1777118 (Cal.App. 4 Dist.)

13. Discrimination: Airline was not entitled to summary judgment on terminated employee’s claims of failure to accommodate her disability. Morse v. JetBlue Airways Corp. 2013 WL 1294629 (E.D.N.Y.)

14. Workers’ Compensation: Exclusivity provision of the Virginia Workers’ Compensation Act did not apply to an employee’s action against her employer. Hartman v. Retailers & Mfrs. Distribution Marking Service, Inc. 2013 WL 935834 (W.D.Va.)

15. Sanctions: Dismissal of employees’ class action against employer for overtime wages under FLSA was warranted as sanction for perjury. Alexander v. Caraustar Industries, Inc. 2013 WL 1123615 (N.D.Ill.)

16. Discrimination: A 300-day limitations period applied to pregnant assistant attorney general’s action for employer’s failure to accommodate. Picard v. Louisiana ex rel. Dept. of Justice 2013 WL 1087620 (M.D.La.)

17. Discrimination: Shareholder-director of closely held family corporation was not “employee” under Title VII. Mariotti v. Mariotti Bldg. Products, Inc. 2013 WL 1789440 (C.A.3 (Pa.))

18. Arbitration: Invalid waiver of FEHA attorney fees did not vitiate arbitration agreement with employer. Serpa v. California Surety Investigations, Inc. 2013 WL 1694963 (Cal.App. 2 Dist.)