Westlaw Topical Highlights: Labor and Employment, April 3, 2013

April 3, 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.

1. Arbitration: National Railroad Adjustment Board’s order prohibited offset of railroad employee’s back pay award for wrongful termination.  Brotherhood of Locomotive Engineers and Trainmen v. Burlington Northern Santa Fe Ry. Co. 2013 WL 704073 (D.Wyo.)

2. Benefit Plans: Rate of pre-judgment interest award was unjust for ERISA plan participants prevailing on class whipsaw calculation claim.  Schumacher v. AK Steel Corp. Retirement Accumulation Pension Plan 2013 WL 1235624 (C.A.6 (Ohio))

3. Discrimination: Provision of Iowa Civil Rights Act prohibiting wage discrimination based on age did not apply retrospectively.  Lenius v. Deere & Co. 2013 WL 595903 (N.D.Iowa)

4. Benefit Plans: Surviving spouse benefits under ERISA vested in participant’s spouse at the time of retirement.  Langston v. Wilson McShane Corp. 2013 WL 1222848 (Minn.)

5. Alternative Dispute Resolution: Trial court lacked jurisdiction over issues arising under employment agreement in employer’s action to enjoin arbitration.  Dakota, Minnesota & Eastern R.R. Corp. v. Schieffer 2013 WL 1235235 (C.A.8 (S.D.))

6. Discrimination: Employer was entitled to summary judgment on African-American female former employee’s Title VII retaliation claim.  Harp v. Department of Human Services, Colorado Mental Health Institute at Pueblo 2013 WL 1124736 (D.Colo.)

7. Unions: Secretary of Labor was authorized to rescind increased disclosure rule regarding unions’ financial reporting.  Mosquera v. Solis 2013 WL 599898 (D.D.C.)

8. Workers’ Compensation: In order to suspend benefits, employer had burden of proving that claimant with pension had voluntarily left the workforce.  City of Pittsburgh v. W.C.A.B. 2013 WL 1196634 (Pa.)