Westlaw Topical Highlights: Labor and Employment, May 28, 2014

May 28, 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: There is no dispositive single factor when determining whether individual is independent contractor, for purposes of unemployment insurance tax.  Industrial Claim Appeals Office v. Softrock Geological Services, Inc. 2014 WL 1890598 (Colo.) As a matter of first impression in Colorado, the Colorado Supreme Court held that in determining whether an individual is customarily engaged in an independent business, as would support the conclusion that the individual is an independent contractor for purposes of unemployment insurance tax liability, the Industrial Claim Appeals Office and the Division of Employment and Training can consider the factors in the section of Colorado Employment Security Act governing the determination of whether a document establishes a presumption that a putative employee is an independent contractor as well as any other information relevant to the nature of the work and the relationship between the employer and the individual. There is no dispositive single factor or set of factors.  2014 WL 1890598 (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).

Benefit Plans: ERISA plan manager was plan fiduciary with standing to file and prosecute reimbursement claim against participant.  Humana Health Plan, Inc. v. Nguyen 2014 WL 1775551 (S.D.Tex.)

Discrimination: Employer was not entitled to summary judgment on job applicant’s failure to hire claim based on perceived disability.  Nevitt v. U.S. Steel Corp. 2014 WL 1779280 (N.D.Ala.)

Discrimination: Washington Law Against Discrimination requires reasonable accommodations for employees’ religious practices.  Kumar v. Gate Gourmet Inc. 2014 WL 2131545 (Wash.)

Hours and Wages: Manager failed to prove that employer should have known manager worked unrecorded overtime.  Jong v. Kaiser Foundation Health Plan, Inc. 2014 WL 2094270 (Cal.App. 1 Dist.)

Class Actions: Employer’s pre-certification ex parte letter to potential class members was coercive and misleading.  Camp v. Alexander 2014 WL 1476699 (N.D.Cal.)

Discrimination: Employer could be liable for negligently permitting female coworker’s discriminatory efforts to cause male employee’s termination.  Velazquez-Perez v. Developers Diversified Realty Corp. 2014 WL 2142517 (C.A.1 (Puerto Rico))

Unions: Any inaccuracies in flyer distributed by union supporters did not require new representation election.  Washington-Centerville Pub. Library v. Washington-Centerville Pub. Library Staff Assn. 2014 WL 2048158 (Ohio App. 10 Dist.)

Whistleblowing: Employee failed to establish prima facie retaliation claim under District of Columbia’s Whistleblower Protection Act.  McCormick v. District of Columbia 2014 WL 2178831 (C.A.D.C.)

Public Employment: Only those firemen who served with that specific fire department for three years were entitled to longevity pay.  New Iberia Firefighters Ass’n, Local 775 v. City of New Iberia 2014 WL 1805358 (La.App. 3 Cir.)

Hours and Wages: Flat rate compensation plan was “bona fide commission scheme” qualifying for exemption from the FLSA overtime requirement.  Herrera v. TBC Corp. 2014 WL 1819728 (E.D.Va.)