January 16, 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. Wrongful Discharge: Nothing in employee handbook contained mandatory language entitling employee to an investigation before termination.  Anthony v. Atlantic Group, Inc. 2012 WL 5511914 (D.S.C.)

2. Discrimination: Employment policy that did not provide light duty work for pregnant employees did not violate the PDA.  Young v. United Parcel Service, Inc. 2013 WL 93132 (C.A.4 (Md.))

3. Discrimination: Employer’s sending of sexually offensive e-mails to all employees could support hostile work environment claims.  Hernandez v. Kaisman 2012 WL 6699394 (N.Y.A.D. 1 Dept.)

4. Arbitration: Franken Amendment applies only to Title VII claims or torts related to or arising out of sexual assault or harassment.  In re ReadyOne Industries, Inc. 2012 WL 6643568 (Tex.App.-El Paso)

5. Workers’ Compensation: Neither res judicata nor due process was violated by miner’s filing of subsequent claim under the Black Lung Benefits Act.  Buck Creek Coal Co. v. Sexton 2013 WL 135352 (C.A.6)

6. Public Employment: Preemption of state-law constructive trusts on proceeds of Federal Employees’ Group Life Insurance policy for the benefit of someone other than named beneficiary—Certiorari Granted Hillman v. Maretta 2013 WL 135530 (U.S.Va.)

7. Public Employment: Injured correctional lieutenant’s inability to subdue inmates with baton precluded accommodation under FEHA.  Furtado v. State Personnel Board 2013 WL 64657 (Cal.App. 4 Dist.)

8. Workers’ Compensation: Wrist injury sustained during hostage-taking incident at work did not have to be sole cause of PTSD resulting from same incident, in order for PTSD to be compensable.  Jones v. Catholic Healthcare Partners, Inc. 2012 WL 6765386 (Ohio App. 7 Dist.)

9. Unions: New employer was not a successor employer under a duty to bargain with union that represented its predecessor’s employees.  Paulsen ex rel. N.L.R.B. v. GVS Properties, LLC 2012 WL 5612509 (E.D.N.Y.)

10. Discrimination: Critical evaluation of employee was not harassment in violation of California Fair Employment and Housing Act (FEHA).  Lawler v. Montblanc North America, LLC 2013 WL 135752 (C.A.9 (Cal.))

11. Benefit Plans: Retirement Board abused its discretion in not classifying professional football player’s disability as Football Degenerative.  Giles v. Bert Bell/Pete Rozelle NFL Player Retirement Plan 2012 WL 5882587 (D.Md.)

12. Discrimination: Permanency is not required to show a continuing violation under Title VII.  Mandel v. M & Q Packaging Corp. 2013 WL 141890 (C.A.3 (Pa.))

13. Public Employment: Recipient of Federal Employees’ Retirement System annuity benefit overpayments did not qualify for waiver of recovery.  Boone v. Office of Personnel Management 2012 WL 6644460 (M.S.P.B.)

14. Public Employment: Retiree receiving FERS annuity was reemployed annuitant serving at will of appointing authority and without appeal rights.  Garza v. Department of Navy 2012 WL 6644282 (M.S.P.B.)

15. Benefit Plans: Participants in defined benefits pension plan lacked standing to bring ERISA claim for breach of fiduciary duty.  David v. Alphin 2013 WL 142072 (C.A.4 (N.C.))

16. Arbitration: Evident partiality was present in that joint labor–management panel members also served as employee benefits funds’ trustees.  Gambino v. Alfonso 2012 WL 5866202 (D.Mass.)

17. Benefit Plans: Decision to close trucking facility two days before end of plan year was not transaction to evade or avoid withdrawal liability.  CIC-TOC Pension Plan v. Weyerhaeuser Co. 2012 WL 5879525 (D.Or.)