Westlaw Topical Highlights: Labor and Employment, April 24, 2013

April 24, 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. Public Employment: City reviewing personnel arbitration award could not be advised by member of firm that represented city in arbitration. Sabey v. City of Pomona 2013 WL 1613618 (Cal.App. 2 Dist.)

2. Discrimination: Agency was not entitled to summary judgment on employee’s Title VII retaliation claim based on reduced performance evaluation. Cheatham v. Holder 2013 WL 1324938 (D.D.C.)

3. Workers’ Compensation: LHWCA’s presumption of compensability did not apply to claim for chronic inflammatory demyelinating polyneuropathy. Insurance Co. of State of Pennsylvania v. Director, Office of Workers’ Compensation Programs 2013 WL 1662850 (C.A.5 (Tex.))

4. Public Employment: Court of Appeals had jurisdiction to review MSPB’s determination that it lacked statutory jurisdiction over employee appeal. Conforto v. Merit Systems Protection Bd. 2013 WL 1668969 (C.A.Fed.)

5. Discrimination: Lesbian female employee stated plausible claims of retaliation for complaining about sexually hostile work environment. Robertson v. Siouxland Community Health Center 2013 WL 1446272 (N.D.Iowa)

6. Benefit Plans: Individual’s lease of real property to employer that individual owned was categorically a “trade or business.” Central States, Southeast and Southwest Areas Pension Fund v. Nagy 2013 WL 1706413 (C.A.7 (Ill.))

7. Benefit Plans: Participants failed to state claim that ESOP plan fiduciaries violated duty of prudence by offering employer’s stock as investment option. White v. Marshall & Ilsley Corp. 2013 WL 1688918 (C.A.7 (Wis.))

8. Benefit Plans: Former employee failed to state ERISA claims against employer, plan, and plan’s administrator for breach of fiduciary duty. Harrison v. PNC Financial Services Group 2013 WL 785328 (S.D.Ohio)

9. Discrimination: African-American mail carrier did not allege favorable treatment to non-African-American carrier, precluding Title VII claim. Dodd v. Donahoe 2013 WL 1694418 (C.A.6 (Tenn.))

10. Benefit Plans: Survivor’s consent to receive reduced survivor annuity under Civil Service Retirement System (CSRS) was valid. Cerilli v. Office of Personnel Management 2013 WL 1639009 (M.S.P.B.)

11. Attorney Fees: Federal employee’s representative on appeal of suspension did not qualify as attorney eligible for attorney fees award. Brenner v. Department of Interior 2013 WL 1621955 (M.S.P.B.)

12. Hours and Wages: Runners and servers at Puerto Rico restaurant stated plausible claim of FLSA violation from retention of tips from tip pool. Perez v. Prime Steak House Restaurant Corp. 2013 WL 1635527 (D.Puerto Rico)

13. Appeals: Rule that extended last day in computing time period for filing an appeal applied to administrative appeal. McAninch v. State of Rhode Island Dept. of Labor and Training 2013 WL 1702039 (R.I.)