Westlaw Topical Highlights: Labor and Employment, Nov. 21, 2012

November 21, 2012

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. Whistleblowing: Employee did not satisfy the notice prong of her False Claims Act retaliation prima facie claim.  U.S. ex rel. Parks v. Alpharma, Inc. 2012 WL 3291705 (C.A.4 (Md.))

2. Discrimination: Workplace comments did not show age discrimination.  Reed v. Neopost USA, Inc. 2012 WL 5476909 (C.A.5 (Tex.))

3. Workers’ Compensation: Claimant’s interest in having “cushion” to safeguard finances was insufficient to justify advance payment up to $2,000.  ESIS/ACE American Ins. Co. v. Kuhn 2012 WL 5477109 (Fla.App. 1 Dist.)

4. Workers’ Compensation: Pleading sufficiently alleged employer acted with knowledge injury was substantially certain to result from employer’s conduct.  Jordan v. Western Farmers Elec. Co-op. 2012 WL 5491968 (Okla.)

5. Wrongful Discharge: Attorney did not establish a claim for wrongful discharge in violation of public policy.  Wallace v. Eckert, Seamans, Cherin & Mellott, LLC 2012 WL 5513156 (D.C.)

6. Limitations: Applying three-year limitations period for willful FLSA violation was warranted in employee’s action against restaurant.  Gunawan v. Sake Sushi Restaurant 2012 WL 4369754 (E.D.N.Y.)

7. Discrimination: Proposed accommodations for volunteer’s sexual misconduct were unreasonable under Americans with Disabilities Act.  McElwee v. County of Orange 2012 WL 5519354 (C.A.2 (N.Y.))

8. Discrimination: EEOC alleged sufficient facts to state claim based on hostile work environment against recruiter of foreign farm labor.  U.S. E.E.O.C. v. Global Horizons, Inc. 2012 WL 5489955 (D.Hawai’i)

9. Arbitration: Arbitrator’s clear legal error under Family Rights Act required vacatur of arbitration award.  Richey v. AutoNation, Inc. 2012 WL 5492902 (Cal.App. 2 Dist.)

10. Discrimination: Joinder was not fraudulent given prediction that individuals could be liable for age discrimination under Puerto Rico statute.  Bonilla-Perez v. Citibank NA, Inc. 2012 WL 4358738 (D.Puerto Rico)

11. Unions: Court issues protective order to prevent deposition of international union’s president.  B. Fernandez & Hnos., Inc. v. International Broth. of Teamsters 2012 WL 4361524 (D.Puerto Rico)

12. Hours and Wages: FLSA collective action was not barred by prior FLSA suit brought by the Secretary of Labor.  Calderon v. King Umberto, Inc. 2012 WL 4356738 (E.D.N.Y.)

13. Discrimination: Any disclosure of information to prospective employers about employee’s migraine headaches did not violate ADA. E.E.O.C. v. Thrivent Financial for Lutherans 2012 WL 5846208 (C.A.7 (Wis.))

14. Public Employment: County health department was state agency entitled to Eleventh Amendment immunity in Americans with Disabilities Act suit. Ross v. Jefferson County Dept. of Health 2012 WL 5519095 (C.A.11 (Ala.))