Westlaw Topical Highlights: Labor and Employment, March 20, 2012

March 20, 2013

Labor and EmploymentWestlaw Topical 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.

1. Benefit Plans: Return of overpaid benefits was “appropriate equitable relief” under plan that established equitable lien by agreement. Thurber v. Aetna Life Ins. Co. 2013 WL 950704 (C.A.2 (N.Y.))

2. Attorney Fees: Participant in employee stock ownership plan was ineligible for award of attorney fees in his action under ERISA. Kronzer v. Hintz 2012 WL 6734491 (C.A.9 (Cal.))

3. Hours and Wages: Employer’s indirect parent corporation was not an “employer” for purposes of Fair Labor Standards Act. Morangelli v. Chemed Corp. 2013 WL 432571 (E.D.N.Y.)

4. Discrimination: ADEA as foreclosing § 1983 equal protection claims for age discrimination—Certiorari Granted Madigan v. Levin 2013 WL 182748 (U.S.)

5. Hours and Wages: Day laborer who sought unpaid wages was not required to comply with Wage Claims Act. Walczak v. Labor Works-Ft. Wayne LLC 2013 WL 961629 (Ind.)

6. Workers’ Compensation: Common-law remedies for retaliation under workers’ compensation law were not revived. Lambert v. LQ Management, L.L.C. 2013 WL 992514 (Ark.)

7. Jury: Unions were entitled to jury trial on its monetary damages claim under § 301 of Labor Management Relations Act. Aerospace v. Boeing Co. 2013 WL 393303 (D.Kan.)

8. Unions: Labor union adequately alleged claim, under Railway Labor Act, that arbitration proceedings were tainted by corruption. United Transp. Union v. BNSF Ry. Co. 2013 WL 999090 (C.A.9 (Wash.))

9. Public Employment: Independent judgment standard applied to mandamus review of denial of service-connected disability retirement. Alberda v. Board of Retirement of Fresno County Employees’ Retirement Association 2013 WL 936433 (Cal.App. 5 Dist.)

10. Benefit Plans: Correction of federal employee’s erroneous retirement plan coverage was mandatory. Nasdahl v. Department of Veterans Affairs 2013 WL 1029717 (M.S.P.B.)

11. Discrimination: Female police officer’s postings on social–networking website were admissible in Title VII hostile work environment suit. Targonski v. City of Oak Ridge 2013 WL 436948 (E.D.Tenn.)

12. Unions: Labor union had standing to enforce facility closure agreement requiring employer to pay retiree medical allowances. United Steel, Paper and Forestry, Rubber, Mfg., Energy, Allied Indus. and Service Workers Intern. Union, AFL-CIO/CLC v. Cookson America, Inc. 2013 WL 1092824 (C.A.2 (N.Y.))

13. Discrimination: “Mixed motive” option was no longer available in ADA cases but continued to remain available to FMLA claims. Johnson v. Benton County School Dist. 2013 WL 765614 (N.D.Miss.)

14. Hours and Wages: Multiple FLSA collective actions, based on identical allegations, could proceed against same employer. Akins v. Worley Catastrophe Response, LLC 2013 WL 438077 (E.D.La.)

15. Hours and Wages: Vineyard and its independent farm labor contractor were joint employers of field workers. Arredondo v. Delano Farms Co. 2013 WL 459234 (E.D.Cal.)

16. Discrimination: “Exacerbation theory” could not serve as basis for employer’s liability under the Family and Medical Leave Act. Murray v. JELD-WEN, Inc. 2013 WL 461803 (M.D.Pa.)