Westlaw Topical Highlights: Labor and Employment, January 8, 2014

January 8, 2014

Labor and EmploymentTopical 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.

Unemployment Compensation: Claimant’s house arrest was not “incarceration” that rendered him ineligible for unemployment compensation.  Chamberlain v. Unemployment Compensation Bd. of Review 2014 WL 28688 (Pa.Cmwlth.)  As a matter of first impression, a claimant’s house arrest was not “incarceration” that rendered him ineligible for unemployment compensation under provision in the Unemployment Compensation Law stating that “an employee shall not be eligible for payment of unemployment compensation benefits for any weeks of unemployment during which the employee is incarcerated after a conviction.” Regardless of whether the claimant’s liberty and movements were limited by security measures, the terms of the claimant’s house arrest did not impact his ability to go to work. Stated otherwise, there was no evidence that the claimant was not genuinely attached to the labor market.  2014 WL 28688. (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Public Employment: Public affairs officer’s inability to perform usual duties of CHP officer supported disability retirement.  Beckley v. Board of Administration of California Public Employees’ Retirement System 2013 WL 6814678 (Cal.App. 1 Dist.)

Unemployment Compensation: Appointed interim county attorney was “major nontenured policymaking or advisory position” ineligible for unemployment compensation benefits.  Lang v. Howard County 2013 WL 6698315 (Neb.)

Removal: Chapter 13 standing bankruptcy trustee averred colorable federal defense, as required under federal officer removal statute.  Bell v. Thornburg 2013 WL 6850026 (C.A.5 (La.))

Public Employment: CRSA savings clause excused errors only in place, not time, of filing.  Schlottman v. Perez 2014 WL 26031 (C.A.D.C.)

Public Employment: Merit Systems Protection Board lacked jurisdiction to consider federal employee’s request for review of arbitration decision.  Jones v. Department of Energy 2013 WL 6858180 (M.S.P.B.)

Wrongful Discharge: Public-policy exception to employment-at-will rule did not apply to termination resulting from application for unemployment.  Dukowitz v. Hannon Sec. Services 2014 WL 23644 (Minn

Discrimination: Employer was not entitled to judgment as matter of law on § 1981 claim of racially hostile work environment.  Golden v. World Sec. Bureau, Inc. 2013 WL 4441503 (N.D.Ill.)

Workers’ Compensation: Coal company’s nondisclosure of certain pathology reports to its own experts did not constitute fraud on the court.  Fox ex rel. Fox v. Elk Run Coal Co., Inc. 2014 WL 26556 (C.A.4)

Hours and Wages: Whether employees were exempt under FLSA was not to be considered at conditional certification stage of collective action.  Rojas v. Garda CL Southeast, Inc. 2013 WL 6834657 (S.D.Fla.)

Benefit Plans: Fiduciaries for ERISA-governed retirement plan could rely upon advice of counsel in calculating participant’s distribution.  Clark v. Feder Semo and Bard, P.C. 2014 WL 42976 (C.A.D.C.)

Benefit Plans: Procedural fairness required administrator to consider evidence from SSA process before making decision regarding benefits.  Melech v. Life Ins. Co. of North America 2014 WL 31276 (C.A.11 (Ala.))