Westlaw Topical Highlights: Labor and Employment, March 2, 2016

March 2, 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.

Public Employment: Compelling police officer to submit to voice stress test did not violate his right against self-incrimination.  Homoky v. Ogden, 2016 WL 732160 (C.A.7 (Ind.)) City police department officials’ ordering a police officer, who was under investigation for misconduct, to sign a release and submit to a voice stress test did not violate the officer’s Fifth Amendment right against self-incrimination. The officer’s Garrity protections were in place, in that he signed a statement of rights in the days leading to the voice stress test acknowledging that nothing he said in the course of the investigation could be used against him in a criminal proceeding. 2016 WL 732160. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).      

Layoffs: Federal postjudgment interest statute applied to determining prejudgment interest rate for employees’ back pay award under WARN Act.  Weekes-Walker v. Macon County Greyhound Park, Inc. 2014 WL 3547728 (M.D.Ala.)

Discrimination: union officials could not be held individually liable in union member’s ADA retaliation claim.  Ciferni v. Boilermakers Local 13 2016 WL 304794 (E.D.Pa.)

Discrimination: fact issues barred summary judgment, in city employee’s ADA claim based on city’s failure to reinstate him to electric lineman job.  Fortkamp v. City of Celina 2016 WL 375075 (N.D.Ohio)

Privileges: OSHA confidentiality regulations did not bar depositions of university personnel who conducted health and safety consultations for employer.  Price v. Simakas Co., Inc. 2016 WL 403457 (Pa.Super.)

Workers’ Compensation: Flight attendant was not in course of employment while taking flight to base airport from city of residence.  United Airlines, Inc. v. Illinois Workers’ Compensation Com’n 2016 WL 541015 (Ill.App. 1 Dist.)

Collective Bargaining: Remand to NLRB of unit determination decision, for which Court of Appeals was unable to discern any rationale, was warranted.  NBCUniversal Media, LLC v. National Labor Relations Bd. 2016 WL 703931 (C.A.D.C.)

Wrongful Discharge: Former DOC employee’s Title VII gender discrimination action was not barred, under doctrine of claim preclusion, by prior litigation.  Poirier v. Massachusetts Department of Corrections 2016 WL 447449 (D.Mass.)

Benefit Plans: State’s reporting requirements for its all-payer claims database were preempted as applied to ERISA health plans — Supreme Court Decision Gobeille v. Liberty Mut. Ins. Co. 2016 WL 782861 (U.S.)

Contracts: Unclean hands doctrine did not bar employer’s enforcement of releases signed by employees in connection with termination of employment.  Romero v. Allstate Insurance Company 2016 WL 336375 (E.D.Pa.)

Public Employment: FBI-specific enforcement process for whistleblower retaliation did not preempt agent’s whistleblower retaliation affirmative defense against removal.  Parkinson v. Department of Justice 2016 WL 766709 (C.A.Fed.)