Westlaw Topical Highlights: Labor and Employment, April 29, 2015

April 29, 2015

Labor and EmploymentWestlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.

Hours and Wages: FLSA anti-retaliation provision encompasses oral complaints made to employers.  Greathouse v. JHS Sec. Inc. 2015 WL 1781036 (C.A.2 (N.Y.)) The Fair Labor Standards Act (FLSA) anti-retaliation provision does not restrict its protections to employees who file formal, written complaints with government agencies. The phrase “filed any complaint” in the provision encompasses oral complaints made to employers in a context that makes the assertion of rights plain, overruling Lambert v. Genesee Hospital, 10 F.3d 46. 2015 WL 1781036.  (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).    

Discrimination: Employment policy that did not provide light duty work for pregnant employees did not violate the PDA.  Young v. United Parcel Service, Inc. 2015 WL 1600406 (C.A.4 (Md.))

Limitations: ERISA collection action could not be shortened by asserting laches defense against funds.  Operating Engineers Local 324 Health Care Plan v. G & W Const. Co. 2015 WL 1758652 (C.A.6 (Mich.))

Public Employment: Interest did not accrue on retroactive county disability retirement benefits before employee applied for them.  Flethez v. San Bernardino County Employees Retirement Association 2015 WL 1825778 (Cal.App. 4 Dist.)

Hours and Wages: Payments due pursuant to employee incentive plan were wages within meaning of Wage Payment and Collection Act (WPCA).  Citynet, LLC v. Ray Toney 2015 WL 591519 (W.Va.)

 Independent Contractors: Taxicab drivers did not provide services to cab companies, as required for independent contractor statute to apply.  Sebago v. Boston Cab Dispatch, Inc. 2015 WL 1780909 (Mass.)

Benefit Plans: Amended complaint filed by multiemployer pension plan related back to filing date of original complaint.  Freight Drivers and Helpers Local Union No. 557 Pension Fund v. Penske Logistics LLC 2015 WL 1787776 (C.A.4 (Md.))

Workers’ Compensation: Self-insured employer, rather than Department, was required to pay, from second injury fund, for claimant’s postpension medical costs.  Boeing Co. v. Doss 2015 WL 1782346 (Wash.)

Public Employment: State employee had policymaking authority, thus employer could consider political loyalty as job consideration without violating First Amendment.  Michalowski v. Rutherford 2015 WL 1058193 (N.D.Ill.)

Discrimination: Accrual date of constructive discharge claim under federal employment discrimination law—Certiorari Granted Green v. Donahoe 2015 WL 1879779 (U.S.)

Wrongful Discharge: Third-party retaliatory discharge was not actionable.  Brown v. Eddie World, Inc. 2015 WL 1843635 (Nev.)

Collective Bargaining: Court determined damages following entry of default judgment against employer.  Regional District Council v. Mile High Rodbusters, Inc. 2015 WL 1087048 (D.Colo.)

Workers’ Compensation: Second copy of application to reopen claim did not constitute a new application that required a response.  Robbins v. Department of Labor & Industries 2015 WL 1825998 (Wash.App. Div. 3)

Wrongful Discharge: Termination of employee for having firearm in his car while on employer’s premises did not violate public policy.  Stewart v. Fedex Exp. 2015 WL 1743120 (Pa.Super.)

Benefit Plans: Employee health care plan was obligor subject to suit under ERISA for benefits owed to plan participant.  OSF Healthcare System v. Insperity Group Health Plan 2015 WL 1117776 (C.D.Ill.)

Public Employment: Tucker Act jurisdiction was precluded as government employee served by appointment, rather than by employment contract.  Harrison v. United States 2015 WL 1312701 (Fed.Cl.)