Westlaw Topical Highlights: Labor and Employment, Nov. 28, 2012

November 28, 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. Benefit Plans: Structural conflict of interest of administrator led to arbitrary and capricious denial of benefits.  Raybourne v. Cigna Life Ins. Co. of New York 2012 WL 5870713 (C.A.7 (Ill.))

2. Workers’ Compensation: Restaurant was worker’s special employer, thus limiting worker’s remedy for injuries to workers’ compensation benefits.  Amill v. Lawrence Ruben Co., Inc. 2012 WL 5476149 (N.Y.A.D. 1 Dept.)

3. Discrimination: Employer was entitled to obtain employee’s mental health records directly from treating physicians through its subpoena.  Stewart v. Orion Federal Credit Union 2012 WL 5313503 (W.D.Tenn.)

4. Retaliation: Nurses did not suffer materially adverse action in retaliation for their complaints of racial discrimination.  Brown v. Advocate South Suburban Hosp. 2012 WL 5870725 (C.A.7 (Ill.))

5. Alternative Dispute Resolution: State-law enforceability of noncompete agreement was issue for arbitrator under Federal Arbitration Act—Certiorari Granted, Decision Issued Nitro-Lift Technologies, L.L.C. v. Howard 2012 WL 5895686 (U.S.Okla.)

6. Class Actions: Restaurant employees failed to show they were similarly situated to potential class members in collective FLSA action.  Beecher v. Steak N Shake Operations, Inc. 2012 WL 5473753 (N.D.Ga.)

7. Discrimination: Female temporary employee engaged in “protected activity” for purposes of Title VII retaliation claim.  E.E.O.C. v. IPS Industries, Inc. 2012 WL 4482345 (N.D.Miss.)

8. Arbitration: A broad arbitration clause may survive expiration of an underlying agreement when the dispute arises under the agreement. Baltimore County Fraternal Order of Police Lodge No. 4 v. Baltimore County 2012 WL 5834636 (Md.)

9. Public Employment: Commissioner of streets and alleys was policymaking job, for purposes of city employee’s § 1983 suit related to his demotion. Embry v. City of Calumet City, Ill. 2012 WL 5897310 (C.A.7 (Ill.))