Westlaw Topical Highlights: Labor and Employment, September 18, 2013

September 18, 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.

Workers’ Compensation: Spouse’s lump-sum workers’ compensation remarriage benefit would be calculated using entire weekly death benefit.   Ash v. Millennium Restoration & Const., 2013 WL 4520011 (Mo.App. S.D.)  In a matter of apparent first impression, the Court of Appeals held that a spouse’s lump-sum workers’ compensation remarriage benefit would be calculated using her entire weekly death benefit, rather than just the portion allocated to her. If the court were to interpret the applicable statutory phrase, “the benefits due for a period of two years,” to mean the benefits due only to the spouse, it would be adding a limitation not expressed by the statute.  2013 WL 4520011.  (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Contracts: Nonsolicitation and nonrecruitment covenants were not facially invalid under Arizona law, but noncompetition covenant was.  Unisource Worldwide, Inc. v. Swope 2013 WL 4029170 (D.Ariz.)

Benefit Plans: Filing of benefits claim tolled statute of limitations on anti-discrimination claim.   Karamsetty v. Wells Fargo & Company 2013 WL 4482708 (N.D.Cal.)

Employer’s Liability: Employee’s expenditures for counsel of his choice were not within statutory duty to indemnify employees.   Carter v. Entercom Sacramento, LLC 2013 WL 4715356 (Cal.App. 3 Dist.)

Benefit Plans: Promissory estoppel did not apply to insurer’s purported promise to provide lifetime benefits under employer’s ERISA plan.   Haviland v. Metropolitan Life Ins. Co. 2013 WL 4838815 (C.A.6 (Mich.)

Discrimination: Federal employee failed to make prima facie showing of discriminatory intent in Title VII action.   Jimenez v. Donahoe 2013 WL 4836718 (S.D.N.Y

Public Employment: Reclassification of employee’s position from prosecutor’s agent, which was in unclassified service, to classified position of property clerk, was arbitrary and capricious.   In re Johnson 2013 WL 4799371 (N.J)

Limitations: ERISA fiduciary duty claims accrued when employer-affiliated mutual funds were selected for retirement plan.  Stargel v. SunTrust Banks, Inc. 2013 WL 4775918 (N.D.Ga

Employer’s Liability: Question of whether officer was acting within scope of employment during alleged sexual assault of arrestee was for jury.  Doe v. State 2013 WL 5006496 (Del.Supr.)

Discrimination: Employer was not entitled to summary judgment on plaintiff-intervenor’s pregnancy discrimination claim under Title VII and NYSHRL.  E.E.O.C. v. Bloomberg L.P. 2013 WL 4799161 (S.D.N.Y.)

Unfair Labor Practices: Preliminary injunction pending NLRB resolution was necessary to prevent irreparable harm to employees’ collective bargaining rights.  Paulsen ex rel. N.L.R.B. v. All American School Bus Corp. 2013 WL 4780043 (E.D.N.Y.)

Public Employment: Federal agency violated employee’s restoration rights under Federal Employees’ Compensation Act.   Davis v. U.S. Postal Service 2013 WL 5103899 (M.S.P.B.)

Unions: “Right to work” ballot initiative must identify free rider effect of free union representation.   Towers v. Rosenblum 2013 WL 4858762 (Or.)