Westlaw Topical Highlights: Labor and Employment, May 8, 2013

May 8, 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. Contracts: Non-competition agreement did not prohibit broker from soliciting former employer’s insureds. Risk Ins. Group, Inc. v. Woods 2013 WL 1277849 (Tex.App.-Dallas)

2. Workers’ Compensation: Claimant was not injured on covered situs under Longshore and Harbor Workers’ Compensation Act. New Orleans Depot Services, Inc. v. Director, Office of Worker’s Compensation Programs 2013 WL 1798608 (C.A.5)

3. Discrimination: Job applicant, who alleged that employer discriminated against her on the basis of her child’s disability, did not state claim under either § 1981 or Title VII. Greggs v. Autism Speaks, Inc. 2013 WL 1297223 (D.D.C.)

4. Discrimination: Fire department and officials were not liable in firefighter’s action under § 1981 and § 1983 arising from his demotion. Lewis v. Denver Fire Dept. 2013 WL 1149505 (D.Colo.)

5. Public Employment: Discharge of city agency’s director did not amount to prohibited political discrimination under First Amendment. Santos v. City of Fall River 2013 WL 1187103 (D.Mass.)

6. Workers’ Compensation: Employer was entitled to credit for previous PPD payments based on amount of money paid, not weeks paid. Swedo v. W.R. Grace & Co. 2013 WL 1843345 (Md.App.)

7. Workers’ Compensation: When firefighter failed to qualify for the statutory presumption that his cancer was compensable occupational disease, he lost benefit of that presumption, but he did not lose opportunity to seek benefits. City of Las Vegas v. Evans 2013 WL 1845530 (Nev.)

8. Whistleblowing: Vice president at information technology company engaged in protected activity for purposes of SOX Act whistleblower provision. Leshinsky v. Telvent GIT, S.A. 2013 WL 1811877 (S.D.N.Y.)

9. Workers’ Compensation: Services that assisted-living facility would provide to claimant constituted nursing services. Pack v. Little Rock Convention Center & Visitors Bureau 2013 WL 1844112 (Ark.)

10. Unions: “ factors” favored staying final resolution of counterclaims against union for damages under LMRA. International Longshore and Warehouse Union v. ICTSI Oregon, Inc. 2013 WL 1100810 (D.Or.)

11. Discrimination: Epileptic mammography technician was not qualified individual with a disability under the ADA. Olsen v. Capital Region Medical Center 2013 WL 1876157 (C.A.8 (Mo.))

12. Workers’ Compensation: To stay future medical benefits, employer must show the existence of the probability that the appeal will be decided adversely to compensation .recipient, Municipality of Anchorage v. Adamson 2013 WL 1849742 (Alaska)

13. Collective Bargaining: Collective bargaining agreements did not clearly and unmistakably waive employees’ right to vacation time allotment. Choate v. Celite Corporation 2013 WL 1833015 (Cal.App. 2 Dist.)