Westlaw Topical Highlights: Labor and Employment, October 2, 2013

October 2, 2013

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: City satisfied business necessity exception under ADA for requiring employee to undergo a fitness for duty examination.  2013 Franklin v. City of Slidell 2013 WL 4547006 (E.D.La.)   A city had a legitimate, non-discriminatory reason to doubt an employee’s capacity to perform his duties as a senior corrections officer at the time the employee was required to undergo a fitness for duty examination, and thus the employer met the business necessity exception under the Americans with Disabilities Act (ADA). The District Court, in an issue of first impression on the scope of the ADA’ business necessity exception in relation to preemployment inquiries and employment entrance examinations, found that the city had legitimate, non-discriminatory reasons to doubt the employee’s capacity based on the employee’s medical leave for over a year for post-traumatic stress syndrome, adjustment disorder, depression, anxiety, and acute stress disorder, and an incident that the employee was involved while on leave that caused witnesses to fear for the employee’s safety and the safety of the employee’s co-workers. 2013 WL 4547006.  (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Hours and Wages: Chicago paramedics’ fitness, specialty, and duty availability pay did not fall with FLSA exception to regular rate of pay.  Caraballo v. City of Chicago 2013 WL 4552255 (N.D.Ill.)

Benefit Plans: Determination of eligibility had not been finally resolved and thus remand order did not qualify for review.  Papotto v. Hartford Life & Acc. Ins. Co. 2013 WL 5356838 (C.A.3 (N.J.))

Public Employment: Summary judgment evidence was insufficient to create fact issue on federal employee’s hostile work environment claim.  Gordon v. Beers 2013 WL 5306633 (D.D.C.)

Discrimination: Federal employer’s stated legitimate, non-discriminatory reasons for raise decision were not pretextual.  Moore-Stovall v. Shinseki 2013 WL 4734895 (D.Kan.)

Arbitration: Union affiliate satisfied elements of injunction to preserve status quo pending arbitration of labor dispute.  National Ass’n of Government Employees, Inc. v. National Emergency Medical Services Ass’n, Inc. 2013 WL 4518028 (D.Mass.)

Hours and Wages: Under “ test,” hospital employee lacked standing to assert FLSA claims against five of seven defendant corporations.   Cavallaro v. UMass Memorial Health Care, Inc. 2013 WL 360405 (D.Mass.)

Class Actions: Subclass satisfied predominance requirement for class certification in action for alleged violations of state labor law.  Abdullah v. U.S. Sec. Associates, Inc. 2013 WL 5383225 (C.A.9 (Cal.))

Discrimination: Summary judgment in favor of employer was precluded on employee’s disability discrimination claims.  Arnold v. Pfizer, Inc. 2013 WL 4828737 (D.Or.)

Discrimination: Home improvement store manager could not prevail on claims of sex-based hostile work environment under Title VII and NHLAD.  Rolfs v. Home Depot U.S.A., Inc. 2013 WL 5302651 (D.N.H.)

Hours and Wages: New York labor law overtime provisions did not apply to labor performed by Lady Gaga’s personal assistant while on the two were on international tour.  O’Neill v. Mermaid Touring Inc. 2013 WL 4829266 (S.D.N.Y.)

Security Guards: OLCC validly penalized licensee for allowing unlicensed persons to control crowd at non-organized event.  Blue Iguana, Inc. v. Oregon Liquor Control Com’n 2013 WL 5268978 (Or.App.)

Workers’ Compensation: Claim preclusion barred subsequent denial of combined-condition workers’ compensation claim.  Minkyu Yi v. City of Portland 2013 WL 4854132 (Or.App.)

Workers’ Compensation: Director lacked authority to determine that no evidence supported medical treatment claim for accepted condition.  Daugherty v. SAIF Corp. 2013 WL 4854772 (Or.App.)

Independent Contractors: Right of control over work location, standing alone, does not preclude independent contractor status.  IN Transit, Inc. v. Employment Dept. 2013 WL 4761052 (Or.App.)

Class Actions: Common questions predominated with respect to issue of liability on class claims asserted under ERISA.  Haddock v. Nationwide Financial Services, Inc. 2013 WL 4782375 (D.Conn.)

Workers’ Compensation: Self-insured employer did not waive defense of timeliness to claimant’s application for workers’ compensation benefits.  Robinson v. Franklin County Dept. of Social Services 2013 WL 5354576 (N.Y.A.D. 3 Dept.)

Unions: State’s ability to compel personal care assistants to pay mandatory fair share fees to union—Certiorari Granted.  Harris v. Quinn 2013 WL 5430482 (U.S.)

Workers’ Compensation: Claimant who has reached maximum medical improvement can not receive temporary total disability benefits.  Phuonglan Ngo v. CVS, Inc. 2013 WL 5354232 (Md.App.)

Employer’s Liability: Driver was acting within scope of her employment at time of accident, supporting driver’s indemnification claim against employer.  Allard v. Eisenhauer 2013 WL 5177737 (D.N.J.)

Discrimination: District court was to resolve issue of admissibility of human resource manager’s alleged statement to white female employee.  Kidd v. Mando American Corp. 2013 WL 5382138 (C.A.11 (Ala.))

Discrimination: Summary judgment for employer on female employee’s gender and national origin discrimination claims.  Perez v. Thorntons, Inc. 2013 WL 5420979 (C.A.7 (Ill.))

Workers’ Compensation: Employees’ occupational noise-induced hearing loss was an “occupational disease” under the Workers’ Compensation Act.   Arrant v. Graphic Packaging Intern., Inc. 2013 WL 5345613 (La.App. 2 Cir.)

Discrimination: Employee terminated for throwing running chainsaw at coworkers was not discriminated against in violation of Title VII.  Ogalo v. NYS Thruway Authority 2013 WL 5357018 (N.D.N.Y.)