Westlaw Topical Highlights: Labor and Employment, April 17, 2013

April 17, 2013

Labor and EmploymentWestlaw 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.

Benefit Plans: Employer’s contributions to retiree ERISA participants’ insurance premiums were not a permanently vested contractual right. Windstream Corp. v. Lee 2013 WL 694466 (E.D.Ark.)

Hours and Wages: Failing to pay employees for time spent on tasks other than tasks paid on piece-rate basis violated wage order. Gonzalez v. Downtown LA Motors, LP 2013 WL 1316514

Workers’ Compensation: Employee has reasonable time after limitations period to file claim if reasonably led to believe compensation will be paid.  Schultz ex rel. Schultz v. Pojoaque Tribal Police Dept. 2013 WL 1482949 (N.M.)

Discrimination: White automobile factory employee exhausted administrative remedies with the EEOC as required to file retaliation claim. Prewitt v. Continental Automotive 2013 WL 705555 (W.D.Tex.)

Hours and Wages: Federal employee failed to establish prima facie Equal Pay Act claim. Warf v. U.S. Dept. of Veterans Affairs 2013 WL 1458702 (C.A.6 (Mich.))

Discrimination: Female African-American employee was not meeting her employer’s expectations at the time of her termination. Conyers v. Virginia Housing Development Authority 2013 WL 695627 (E.D.Va.)

Class Actions: A FLSA collective action and a state law class action could be brought in the same federal lawsuit.  Busk v. Integrity Staffing Solutions, Inc. 2013 WL 1490577 (C.A.9 (Nev.))

Benefit Plans: Accrual time for ERISA statutes of limitation—Certiorari Granted. Heimeshoff v. Hartford Life & Acc. Ins. Co. 2013 WL 1500233 (U.S.)

Attorney Fees: Attorney fees were awarded plaintiff’s counsel in employment discrimination litigation under Title VII and Massachusetts law. E.E.O.C. v. AutoZone, Inc. 2013 WL 1277873 (D.Mass.)

Benefit Plans: ERISA plan’s terms, not unjust enrichment or other equitable principles, govern plan administrator’s § 502(a)(3) action to enforce equitable lien by agreement—Supreme Court Decision. US Airways, Inc. v. McCutchen 2013 WL 1567371 (U.S.)

Collective Actions: Employee lacked personal interest in pursuing potential FLSA collective action after employer’s offer of judgment on her individual claim—Supreme Court Decision. Genesis Healthcare Corp. v. Symczyk 2013 WL 1567370 (U.S.)

Workers’ Compensation: Workers’ compensation claimant’s head injuries were compensable under the street-peril doctrine. Ellis v. Verizon New England, Inc. 2013 WL 1499331 (R.I.)