Westlaw Topical Highlights: Labor and Employment, June 15 , 2016

June 15, 2016

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.

Workers’ Compensation: Statutory limitation of 104 weeks on receipt of TTD benefits, as applied to claimant, violated state constitutional right of access to courts.  Westphal v. City of St. Petersburg, 2016 WL 3191086 (Fla.) A statutory limitation of 104 weeks on the receipt of temporary total disability benefits, as applied to the claimant at issue, unconstitutionally deprived the claimant of his right of access to the courts. The claimant fell into a statutory gap at the conclusion of those benefits due to the fact that he was totally disabled and incapable of working but had not been deemed to have reached maximum medical improvement needed to be eligible for permanent total disability benefits. 2016 WL 3191086  (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).     

Discrimination: VA’s pre-discovery motion for summary judgment on employee’s Title VII and ADEA employment discrimination claims was premature.  Williams v. Shinseki 2011 WL 13077678 (D.D.C.)

Discrimination: Employee’s amendment to then-pending EEO complaint to include claims sufficiently exhausted administrative remedies for claims.  Sanders v. Kerry 2016 WL 3078768 (D.D.C.)

Arbitration: FAA did not mandate enforcement of employer’s arbitration provision prohibiting collective remedies in violation of NLRA.  Lewis v. Epic Systems Corporation 2016 WL 3029464 (C.A.7 (Wis.))

Public Employment: Former postal service employee’s lawsuit against government was jurisdictionally barred.  Hood v. United States 2016 WL 3086739 (Fed.Cl.)

Discrimination: EEOC notified employer of disability discrimination allegations, as required to satisfy its obligation to attempt conciliation prior to filing action.  Equal Employment Opportunity Commission v. Amsted Rail Co., Inc. 2016 WL 233396 (S.D.Ill.)

Benefit Plans: Flight attendant failed to establish that airline employer interfered with her ERISA benefits.  Branham v. Delta Airlines 2016 WL 1676829 (D.Utah)

Hours and Wages: Drivers’ average wages for all hours worked, including drivers’ pre-trip work in morning, could not establish compliance with minimum wage rate.  Villalpando v. Exel Direct Inc. 2016 WL 2937480 (N.D.Cal.)

Labor Relations Boards: Trial court had jurisdiction over challenge to exclusion of public from mandatory mediation and conciliation proceeding.  Gerawan Farming, Inc. v. Agricultural Labor Relations Board 2016 WL 2732128 (Cal.App. 5 Dist.)

Public Employment: Reinstatement of terminated employees with Michigan court was appropriate remedy in § 1983 alleging due process violations related to terminations.  Barachkov v. Lucido 2015 WL 5168616 (E.D.Mich.)

Benefit Plans: Arkansas law prohibiting discretionary clauses in disability income policies did not apply to bar ERISA plan administrator’s exercise of discretion.  Owens v. Liberty Life Assurance Company of Boston 2016 WL 1737129 (W.D.Ky.)