Westlaw Topical Highlights: Labor and Employment, March 16, 2016

March 16, 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.

Wrongful Discharge: Public policy exception to at-will employment existed to prohibit nurse from being fired from nursing home for not working while flu-infected.  Moore v. Warr Acres Nursing Center, LLC, 2016 WL 889507 (Okla.) A public policy exception to at-will employment existed to prohibit a nurse from being fired from a nursing home solely for not working while infected with the influenza virus. Health department regulations covered infection control and required nursing home facilities to have an infection control policy to provide a safe and sanitary environment, and to exclude personnel and visitors with communicable infections. Additionally, federal quality of care standards required the development of policies and procedures to ensure that nursing home residents were protected from influenza. 2016 WL 889507 (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).      

Discrimination: Arkansas law informed content of federal common law to be applied to determine survivability of discrimination action under ADA.  Guenther v. Griffin Construction Company, Inc. 2016 WL 595335 (W.D.Ark.)

Workers’ Compensation: Court could not enter judgment on medical expense portion of workers’ compensation award while TTD benefits portion was under judicial review.  Reed v. Illinois Workers’ Compensation Com’n 2016 WL 685235 (Ill.App. 1 Dist.)

Public Employment: Decision to reinstate police officer who was dismissed for “sexting” crime victims did not violate public policy.  Cleveland v. Cleveland Police Patrolmen’s Assn. 2016 WL 762702 (Ohio App. 8 Dist.)

Employer’s Liability: Under New Mexico law, private prison and warden were vicariously liable for corrections officer’s sexual assaults of inmates.  Spurlock v. Townes 2016 WL 945161 (N.M.)

Discrimination: EEOC and Arizona state agency satisfied conciliation mandates of Title VII and state law before bringing action for class of female employees.  Arizona ex rel. Horne v. Geo Group, Inc. 2016 WL 945634 (C.A.9 (Ariz.))

Benefit Plans: That he was unrepresented in administrative process did not excuse plan participant’s failure to present evidence supporting his benefits claim.  Ramdeen v. Prudential Insurance Company of America 2016 WL 715791 (M.D.Fla.)

Benefit Plans: Defective denial letter that failed to include limitations period for filing suit was per se prejudicial.  Santana-Diaz v. Metropolitan Life Ins. Co. 2016 WL 963830 (C.A.1 (Puerto Rico))

Public Employment: Public Employment Relations Commission lacked authority to summarily reverse dynamic status quo doctrine.  In re County of Atlantic 2016 WL 931269 (N.J.Super.A.D.)