Westlaw Topical Highlights: Labor and Employment, June 26, 2013

June 26, 2013

Labor and EmploymentTopical 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

Hours and Wages: Employee properly had been categorized as “outside salesman” exempt from minimum wage and maximum hours requirements.  Meza v. Intelligent Mexican Marketing, Inc. 2013 WL 3013871 (C.A.5 (Tex.))  Route salesmen properly had been categorized as “outside salesmen” exempt from the FLSA’s minimum wage and maximum hours requirements. The employer also employed warehouse drivers, who delivered goods, but those employees were not authorized to make sales, the plaintiff’s deliveries were not merely fulfilling the terms of contracts that had been arranged by the employer, his position had been advertised as a sales position and he represented himself to the employer as having sales experience, he attended weekly sales training meetings and he shadowed an experienced salesman as part of his initial training, and he was paid a base salary plus a commission. 2013 WL 3013871 (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Unemployment Compensation: Workforce Appeals Board’s denial of unemployment benefits was not contrary to equity and good conscience.  Hadley v. Workforce Appeals Bd., Dept. of Workforce Services 2013 WL 2659904 (Utah App.)

Unemployment Compensation: Failing blood alcohol consumption test warrants denial of benefits for misconduct related to failure to pass a drug test.  Dillon v. Unemployment Compensation Bd. of Review 2013 WL 2991042 (Pa.Cmwlth.)

Public Employment: Delaying deputy suspects’ access to their internal affairs files was not within MMBA meet-and-confer requirement.  Association of Orange County Deputy Sheriffs v. County of Orange 2013 WL 2571824 (Cal.App. 4 Dist.)

Public Employment: Arbitration of furlough grievances would not improperly delegate city’s power to set salaries and budget.  City of Los Angeles v. Superior Court 2013 WL 3064811 (Cal.)

Hours and Wages: Plaintiffs were entitled to liquidated damages for employer’s willful violations of FLSA and New York Labor Law.  Gortat v. Capala Bros. 2013 WL 2566622 (E.D.N.Y.)

Discrimination: Employee’s nearly two months of unexcused absences in a three month time frame provided employer with reason for termination.  Green v. Medco Health Solutions of Texas, LLC 2013 WL 2317054 (N.D.Tex.)

Arbitration: Arbitrator did not exceed his jurisdiction in finding that railroad’s 2003 attendance policy did not conflict with 1952 CBA.  Brotherhood of Locomotive Engineers and Trainmen, General Committee of Adjustment, Cent. Conference v. Union Pacific R. Co. 2013 WL 3124016 (C.A.7 (Ill.))

Transportation Workers: Limitation on nonretroactivity of Fair Treatment for Experienced Pilots Act did not violate equal protection or substantive due process.  Emory v. United Air Lines, Inc. 2013 WL 3107758 (C.A.D.C.)

Damages: Punitive damages were not available for employment practice claims under the Iowa Civil Rights Act (ICRA).  Ackelson v. Manley Toy Direct, L.L.C. 2013 WL 3129356 (Iowa)

Benefit Plans: Insurer could not retroactively recoup payments from health care providers under ERISA “catchall” provision.  Blue Cross & Blue Shield of Rhode Island v. Korsen 2013 WL 2247460 (D.R.I.)

Labor Relations Boards: Scope of President’s constitutional power to make recess appointments—Certiorari Granted N.L.R.B. v. Canning 2013 WL 1774240 (U.S.)

Discrimination: Employer is not vicariously liable under Title VII if “supervisor” is not empowered to take tangible employment actions against victim—Supreme Court Decision Vance v. Ball State University 2013 WL 3155228 (U.S.)

Discrimination: Title VII retaliation claims must be proved according to traditional principles of but-for causation—Supreme Court Decision University of Texas Southwestern Medical Center v. Nassar 2013 WL 3155234 (U.S.)

Public Employment: Administrative judge was required to consider Department of Navy employee’s due process affirmative defense in appeal of removal.  Hulett v. Department of Navy 2013 WL 3148720 (M.S.P.B.)