Westlaw Topical Highlights: Labor and Employment, May 29, 2013

May 29, 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. Public Employment: Gaming Enterprise employee exhibited rude or discourteous behavior towards patron.  Byron v. Mashantucket Pequot Gaming Enterprise 2013 WL 2138192 (Mash. Pequot Tribal Ct.)

2. Hours and Wages: Joint employer was not liable for staffing agency’s unforeseeable illegal wage deductions from employee’s paycheck.  Tolentino v. Starwood Hotels & Resorts Worldwide, Inc. 2013 WL 1296726 (Mo.App. W.D.)

3. Discrimination: Employer’s proffered reason for terminating employee was not pretext for age discrimination in violation of ADEA.  Murphy v. Center for Emergency Medicine of Western Pennsylvania, Inc. 2013 WL 1909138 (W.D.Pa.)

4. Workers’ Compensation: Minnesota Workers’ Compensation Act provides cause of action for threatening to discharge an employee for seeking workers’ compensation benefits.  Schmitz v. U.S. Steel Corp. 2013 WL 1942991 (Minn.App.)

5. Discrimination: Federal agency discriminated against employee on basis of his disability.  Crutch v. U.S. Postal Service 2013 WL 2247480 (M.S.P.B.)

6. Discrimination: Summary judgment was precluded as to employer’s pattern or practice of denying employees reasonable religious accommodation.  E.E.O.C. v. JBS USA, LLC 2013 WL 1563632 (D.Neb.)

7. Public Employment: Government employees union could not circumvent exclusive remedial regime for challenging Air Force dress code.  American Federation of Government Employees v. Secretary of Air Force 2013 WL 2278393 (C.A.D.C.)

8. Arbitration: Arbitrators’ awards of “full back pay” were unambiguous, and therefore were enforceable.  Pittsburgh Metro Area Postal Workers Union, AFL-CIO v. U.S. Postal Service 2013 WL 1342898 (W.D.Pa.)

9. Workers’ Compensation: Any fraudulent conduct committed by attorney for a party against his client does not constitute fraud which would prevent decision of Industrial Commission from becoming final.  Morris v. Hap Taylor & Sons, Inc. 2013 WL 2249325 (Idaho)

10. Discrimination: Municipality was not entitled to summary judgment on employee’s sexual harassment claims under Title VII and Puerto Rico law.  Rios v. Municipality of Guaynabo 2013 WL 1497287 (D.Puerto Rico)

11. Benefit Plans: Reasonable ERISA plan participant would have understood his alcohol-related crash to be “accident.”  Johnson v. American United Life Ins. Co. 2013 WL 2284875 (C.A.4 (N.C.))

12. Discrimination: Companies that took over judgment debtor’s operations were not subject to successor liability for employment discrimination.  E-Quest Management, LLC v. Shaw 2013 WL 1281767 (Tex.App.-Hous. (1 Dist.))

13. Discrimination: Fact that comments were directed at both sexes was irrelevant to whether hostile work environment sexual harassment was shown.  Rasmussen v. Two Harbors Fish Co. 2013 WL 2221487 (Minn.)