Westlaw Topical Highlights: Labor and Employment, May 22, 2013

May 22, 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: Fund and trustees were not entitled to default judgment for amounts purportedly owed as late contributions or fees and costs.  Service Employees Intern. Union Nat. Industry Pension Fund v. Artharee 2013 WL 1684050 (D.D.C.)

2. Collective Bargaining: Courts presume that retirement health benefits of collective bargaining agreement are vested rights of employee.  Marconi v. City of Joliet 2013 WL 1844257 (Ill.App. 3 Dist.)

3. Contracts: Privileges restriction in employment agreement was greater than necessary to protect employer’s legitimate business interest.  Northwest Podiatry Center, Ltd. v. Ochwat 2013 WL 1911172 (Ill.App. 1 Dist.)

4. Benefit Plans: Participants’ claims against plan providers for improper enforcement of reimbursement liens were not cognizable under ERISA.  Wurtz v. Rawlings Co., LLC 2013 WL 1248631 (E.D.N.Y.)

5. Hours and Wages: Production workers were not entitled to JMOL or new trial in their FLSA and IWPCL suit against Iowa meat packing facility.  Guyton v. Tyson Foods, Inc. 2013 WL 1342319 (S.D.Iowa)

6. Public Employment: Massachusetts police officer stated plausible claim under § 1983 for violation of his First Amendment rights.  McGunigle v. City of Quincy 2013 WL 2112011 (D.Mass.)

7. Benefit Plans: Participants sufficiently pled that company officers failed to avoid conflicts of interest and breached ERISA duty of loyalty.  In re Wilmington Trust Corp. ERISA Litigation 2013 WL 1855756 (D.Del.)

8. Employer’s Liability: Rule barring direct claims against employer who has admitted vicarious liability has exception for punitive damages.  Wilson v. Image Flooring, LLC 2013 WL 1110878 (Mo.App. W.D.)

9. Workers’ Compensation: State under whose workers’ compensation statute award was provided governed subrogation claims on tort recovery.  Moad v. Dakota Truck Underwriters 2013 WL 2127571 (Iowa)

10. Discrimination: Fact issue existed as to whether government’s proffered reason for not promoting African American employee was pretext for discrimination.  Evans v. Sebelius 2013 WL 2122072 (C.A.D.C.)

11. Hours and Wages: Common issues of fact predominated as to wage and hour claims based on employer’s policies.  Faulkinbury v. Boyd & Associates, Inc. 2013 WL 1927019 (Cal.App. 4 Dist.)

12. Workers’ Compensation: The general venue statute controlled venue in action brought by workers’ compensation claimants alleging fraudulent inducement.  Wilkerson v. Goss 2013 WL 2097574 (Miss.)

13. Hours and Wages: Insurance adjuster was not exempt from overtime because his hourly wage was not a “salary.”  Negri v. Koning & Associates 2013 WL 2097418 (Cal.App. 6 Dist.)