WESTLAW TOPICAL HIGHLIGHTS: LABOR AND EMPLOYMENT, March 6, 2013

March 6, 2013

Labor and Employment

Westlaw 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. Discrimination: WMATA was entitled to summary judgment on black employee’s Title VII race discrimination claim stemming from suspension.  Dudley v. Washington Metropolitan Area Transit Authority 2013 WL 617024 (D.D.C.)

2. Unfair Labor Practices: Health aides engaged in unprotected activity by misleading employer into believing they would show up for work during strike.  N.L.R.B. v. Special Touch Home Care Services, Inc. 2013 WL 692755 (C.A.2)

3. Benefit Plans: Claims administrator’s recalculation of ERISA plan participant’s short-term disability benefits was not reasonable.  Cardoza v. United of Omaha Life Ins. Co. 2013 WL 693482 (C.A.10 (N.M.))

4. Workers’ Compensation: Direct causation element of mental/mental claim was not met.  Franklin v. Slidell Police Dept. 2012 WL 6758019 (La.App. 1 Cir.)

5. Benefit Plans: Fiduciaries of ERISA retirement plans were entitled to a presumption of prudence for plan offering employer stock.  Taveras v. UBS AG 2013 WL 692535 (C.A.2 (N.Y.))

6. Discrimination: Employee’s gender and retaliation-based hostile work environment claims survived summary judgment, but race-based ones did not.  Whorton v. Washington Metropolitan Area Transit Authority 2013 WL 633046 (D.D.C.)

7. Public Employment: County and public authority could be “employers” of in-home support services worker under FLSA.  Guerrero v. Superior Court 2013 WL 493303 (Cal.App. 1 Dist.)

8. Benefit Plans: ERISA preemption of Texas misrepresentation claim brought by health devices provider against plan administrator—Certiorari Denied United Healthcare Ins. Co. v. Access Mediquip L.L.C. 2013 WL 56003 (U.S.)

9. Removal: Case in state court that had been dismissed for want of prosecution on prior day was pending there, as required for removal.  Yassan v. J.P. Morgan Chase and Co. 2013 WL 717481 (C.A.7 (Ill.))

10. Public Employment: Public employee failed to state First Amendment political discrimination claim.  Aguiar-Serrano v. Puerto Rico Highways and Transp. Authority 2013 WL 175478 (D.Puerto Rico)

11. Arbitration: Arbitration of dispute which employee agreed to conclusively resolve dispute through arbitration was compelled.  Klein v. Nabors Drilling USA L.P. 2013 WL 690493 (C.A.5 (La.))

12. Discrimination: Administrative findings relating to disability discrimination claims have no preclusive effect in later judicial litigation under ADA.  Smith v. Perkins Bd. of Educ. 2013 WL 692519 (C.A.6 (Ohio))

13. Workers’ Compensation: Although claimant received life insurance policy proceeds, employer could not seek reimbursement for death benefits it paid.  Estate of Dunn v. Windham Northeast Supervisory Union 2012 WL 5275398 (Vt.)

14. Discrimination: FEHA may require more leave for a pregnant employee than the Pregnancy Disability Leave Law.  Sanchez v. Swissport, Inc. 2013 WL 635266 (Cal.App. 2 Dist.)

15. Unemployment Compensation: Employer-initiated lockout was not a strike or similar work stoppage disqualifying claimants from unemployment benefits.  Olson v. Job Service North Dakota 2013 WL 676133 (N.D.)

16. Arbitration: Broadcast network did not breach CBA in connection with layoffs of master control and programming editors due to restructuring.  Union de Periodistas de Artes Graficas y Ramas Anexas v. Telemundo de Puerto Rico, Inc. 2013 WL 765164 (D.Puerto Rico)

17. Arbitration: Purported departmental restructuring was not changed circumstance necessitating reinitiation of grievance process.  1199SEIU, United Healthcare Workers East v. North Adams Regional Hosp. 2013 WL 692819 (D.Mass.)

18. Public Employment: District of Columbia statutory scheme did not deprive employees who were dismissed pursuant to RIF of procedural due process.  Badgett v. District of Columbia 2013 WL 659087 (D.D.C.)

19. Hours and Wages: The FLSA does not provide for a gap-time claim, even when an employee had worked overtime.  Lundy v. Catholic Health System of Long Island Inc. 2013 WL 765117 (C.A.2 (N.Y.))

20. Benefit Plans: Anti-assignment clause in ERISA plans barred health care provider’s ERISA claims, which were assigned to it by plan participants.  Neuroaxis Neurosurgical Associates, PC v. Costco Wholesale Co. 2013 WL 297741 (S.D.N.Y.)

21. Benefit Plans: ERISA did not preempt post-distribution action by administrators of participant’s estate.  Andochick v. Byrd 2013 WL 781978 (C.A.4 (Va.))

22. Discrimination: Employer’s explanations that employee was terminated for poor work performance were not pretextual in Title VII action.  Chytka v. Wright Tree Service, Inc. 2013 WL 593781 (D.Colo.)

23. Unfair Labor Practices: Court would not enforce NLRB order that employer committed unfair labor practices in connection with decertification election.  N.L.R.B. v. Arkema, Inc. 2013 WL 765027 (C.A.5)

24. Public Employment: Police department was entitled to summary judgment on terminated cadet’s reputation plus and stigma or disability claims.  Dave v. District of Columbia Metropolitan Police Dept. 2013 WL 775391 (D.D.C.)

25. Workers’ Compensation: The 104-week statutory limitation on temporary total disability benefits was unconstitutional as applied.  Westphal v. City Of St. Petersburg/City Of St. Petersburg Risk Management 2013 WL 718653 (Fla.App. 1 Dist.)