October 22, 2014
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.
Hours and Wages: Employee’s class action claims that employer violated California wage-and-hour statute were preempted by Labor Management Relations Act. Coria v. Recology, Inc. 2014 WL 3885873 (N.D.Cal.) former employee’s class action claims that an employer violated the California wage-and-hour statute by failing to pay employees for meal periods and overtime were preempted, under the provision of the Labor Management Relations Act (LMRA), vesting jurisdiction in federal courts for suits claiming violation of a collective bargaining agreement (CBA) between the employer and the labor organization. The California statute governing meal periods and overtime did not apply, as the employee’s CBA provided for wages, hours of work, working conditions, meal periods, and overtime. Thus, the employee’s claimed right to meal periods and overtime existed solely as a result of the CBA. 2014 WL 3885873.. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Employer’s Liability: Fact issues precluded summary judgment for nursing home on terminated beautician’s disability discrimination claim. Kauffman v. Petersen Health Care VII, LLC 2014 WL 5285979 (C.A.7 (Ill.))
Contracts: Length of service, good performance reviews, and statement about vested pension could not create implied employment contract. Landucci v. State Farm Insurance Company 2014 WL 3962845 (N.D.Cal.)
Discrimination: State investigative files about former employee were not protected from disclosure by any common-law privilege in employee’s § 1981 suit. McClendon v. Illinois Department of Transportation 2014 WL 4087196 (N.D.Ill.)