Westlaw Topical Highlights: Labor and Employment, June 25, 2014

June 25, 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.

Discrimination: But-for causation standard applies to an employee’s claims under the Jury System Improvement Act.  Rogers v. Bromac Title Services, L.L.C. 2014 WL 2766163 (C.A.5 (La.)) As a matter of first impression in the Fifth Circuit, the Court of Appeals held that the but-for causation standard applies to an employee’s claims under the Jury System Improvement Act (JSIA), which prohibits an employer from discharging or intimidating an employee by reason of the employee’s jury service. 2014 WL 2766163. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).

Public Employment: First Amendment protects public employee’s sworn truthful testimony compelled by subpoena and outside ordinary job responsibilities—Supreme Court Decision  Lane v. Franks 2014 WL 2765285 (U.S.)

Contracts: Employer was not entitled to grant of motion to vacate on basis of purportedly erroneous breach of contract jury instruction.  Delville v. Firmenich Inc. 2014 WL 2481901 (S.D.N.Y.)

Unions: Union’s unsuccessful strategic decision did not breach duty of fair representation.  Carrington v. United States 2014 WL 2026802 (D.D.C.)

Benefit Plans: ERISA plan administrator breached fiduciary duties in responding to beneficiary’s inquiries by failing to provide complete and accurate information.  Echague v. Metropolitan Life Insurance Company 2014 WL 2089331 (N.D.Cal.)

Hours and Wages: High school principal did not make a “promise” of compensation.  Brown v. New York City Dept. of Educ. 2014 WL 2749428 (C.A.2 (N.Y.))

Unemployment Compensation: Each of county’s suspensions of corrections officers was for “good cause connected with the employee’s work.”  Milwaukee County v. Labor and Industry Review Com’n 2014 WL 1419840 (Wis.App.)

Public Employment: Qualified immunity protected public defender from consultant’s First Amendment retaliation claim.  Brannon v. Finkelstein 2014 WL 2748152 (C.A.11 (Fla.))

Judgment: A party that stipulates to dismissal may move for relief from that dismissal.  White v. National Football League 2014 WL 2782203 (C.A.8 (Minn.))

Damages: Treble damages awarded under the Sales Representative Act based on unpaid commissions were not subject to Punitive Damages Act.  Andrews v. Mor/Ryde Intern., Inc. 2014 WL 2777848 (Ind.)

Discrimination: But-for causation standard applies to an employee’s claims under the Jury System Improvement Act.  Rogers v. Bromac Title Services, L.L.C. 2014 WL 2766163 (C.A.5 (La.))

Discrimination: Race-based harassment of employee was not severe or pervasive enough to violate Title VII.  Nichols v. Michigan City Plant Planning Dept. 2014 WL 2766776 (C.A.7 (Ind.))

Hours and Wages: FAA does not preempt state law barring waiver of Private Attorney General Act.  Iskanian v. CLS Transp. Los Angeles, LLC 2014 WL 2808963 (Cal.)

Employer’s Liability: Employer’s admission of vicarious liability did not preclude injured passenger from claiming employer was liable for negligent hiring of driver.  MV Transp., Inc. v. Allgeier 2014 WL 2778128 (Ky.)