Westlaw Topical Highlights: Labor and Employment, June 24, 2015

June 24, 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: Reclassification of position into one with different grade level is “factor other than sex” within meaning of EPA affirmative defense.  Boaz v. Federal Exp. Corp. 2015 WL 3452698 (W.D.Tenn.) In addressing matters of first impression, county deputies did not have a property interest to the compensation package from an expired collective bargaining agreement (CBA) during the interim period after the CBA expired but before the new CBA terms were decided. Thus, the interest arbitration award issued pursuant to the Public Employees’ Collective Bargaining Act (PECBA), which retroactively increased the deputies’ health care premiums for the interim period was not an unconstitutional taking. The expired CBA was no longer effective, there was no mutually explicit understanding that subsequent CBAs would contain the same package, the parties knew that the terms were subject to change, the county maintained the package under the expired CBA during the arbitration only because it was required to maintain the status quo, and there were no procedural guaranties that gave rise to a property interest. Additionally, the arbitration award was not an illegal wage withholding in violation of the wage rebate act (WRA), given that the deputies had received an overpayment of wages during the interim period. 2015 WL 3452698.  (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).    

Workers’ Compensation: Statute governing judicial review of Workers’ Compensation Board decisions does not automatically stay decisions upon the filing of an appeal.  Nuessen v. Sutherlands 2015 WL 3636269 (Kan.App.)

Workers’ Compensation: Employer’s letter, which did not strictly comply with regulation, was a timely request for designation of an impairment rating evaluation (IRE) physician.  Village at Palmerton Assisted Living v. W.C.A.B. (Kilgallon) 2015 WL 3645885 (Pa.Cmwlth.)

Whistleblowing: SEC’s interpretation of Dodd-Frank’s definition of whistleblower was owed deference.  Somers v. Digital Realty Trust, Inc. 2015 WL 2354807 (N.D.Cal.)

Unions: Transgender union member stated claim against union under NLRA for breach of duty of fair representation.  Fowlkes v. Ironworkers Local 40 2015 WL 3796386 (C.A.2 (N.Y.))

Benefit Plans: Participants sufficiently alleged that fiduciaries acted imprudently in breach of their duty of care.  Harris v. Amgen, Inc. 2015 WL 3372373 (C.A.9 (Mont.))