Westlaw Topical Highlights: Labor and Employment, October 9, 2013

October 9, 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.

Wrongful Discharge: Fact that employee was fired before filing for workers’ compensation would not preclude finding that he was fired in retaliation.  Stone v. M & M Welding and Const., Inc. 2013 WL 5371625 (Utah App.) The fact that an employee was discharged before filing a workers’ compensation claim would not preclude a finding that the employee was fired in retaliation for filing the claim. The public policy embodied the Workers’ Compensation Act protected employees who were discharged in retaliation for seeking workers’ compensation benefits, even if their conduct fell short of actually filing a workers’ compensation claim.  2013 WL 5371625.  (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Workers’ Compensation: In contested case, Industrial Accident Board lacked authority to refer for utilization review whether medical expenses were reasonable and necessary.  Poole v. State 2012 WL 9188275 (Del.Super.)

Discrimination: Subcontractor’s employee did not have viable disparate impact claim under Title VII against railroad.  Mays v. BNSF Ry. Co. 2013 WL 4804839 (N.D.Ill.)

Public Employment: Public employee established prima facie case of First Amendment retaliation in connection with his grand jury testimony.  Caruso v. City of New York 2013 WL 5382206 (S.D.N.Y.)

Arbitration: Determination that employer was estopped from denying class arbitrability did not exceed arbitrator’s powers.  Hill v. Wackenhut Services Intern. 2013 WL 5298156 (D.D.C.)

Workers’ Compensation: Worker who remains totally disabled at end of eligibility for temporary disability benefits may immediately assert claim for permanent total disability benefits.  Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management 2013 WL 5302584 (Fla.App. 1 Dist.)

Discrimination: Injunction barring race discrimination in written test did not bar relief from gender discrimination in physical abilities test.  Godfrey v. City of Chicago 2013 WL 5405713 (N.D.Ill.)

Unemployment Compensation: Unemployment compensation claimant did not leave work voluntarily.  Renda v. Eastern Metal Supply of Missouri, Inc. 2013 WL 5204841 (Mo.App. E.D.)

Benefit Plans: ERISA plan’s subrogation claim qualified as claim under an employment contract, under Arizona law, for limitations purposes.  Blood Systems, Inc. v. Roesler 2013 WL 5328150 (D.Ariz.)

Discrimination: Attorney fees awarded to temporary employment agency that prevailed on EEOC’s claim that it discriminated against felons.  E.E.O.C. v. Peoplemark, Inc. 2013 WL 5509158 (C.A.6 (Mich.))

Employee Privacy: Statements by a state police detective regarding policy towards recording employee DNA were on a matter of public concern.  Burns v. Department of Public Safety 2013 WL 5421680 (D.Conn.)