Westlaw Topical Highlights: Labor and Employment, Jan. 2, 2013

January 2, 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: Public employee’s retirement application was governed by the law existing at the time of its submission. ¬†Chiarello v. Board of Trustees, Public Employees Retirement System 2012 WL 6619056 (N.J.Super.A.D.)

2. Unfair Labor Practices: Petitioners had not been aggrieved by decision of NLRB to not grant request for refund of dues on behalf of other nonmembers.  Richards v. N.L.R.B. 2012 WL 6684764 (C.A.7)

3. Benefit Plans: ERISA single employer liability claim was sufficiently alleged by board of trustees for ERISA pension fund. Board of Trustees of Auto. Mechanics’ Local No. 701 Union and Industry Pension Fund v. Moroni 2012 WL 5305093 (N.D.Ill.)

4. Benefit Plans: Employee’s unsolicited complaint was not protected by ERISA’s retaliation provision. Sexton v. Panel Processing, Inc. 2012 WL 5353605 (E.D.Mich.)

5. Wrongful Discharge: Essential functions of police officers assigned to primarily administrative duties included strenuous activities. Lui v. City and County of San Francisco 2012 WL 6197419 (Cal.App. 1 Dist.)

6. Unemployment Compensation: Eligibility for unemployment benefits under voluntary layoff provision applied to claimant who accepted offer of early retirement pursuant to workforce reduction. Diehl v. Unemployment Compensation Bd. of Review 2012 WL 6720878 (Pa.)