Westlaw Topical Highlights: Labor and Employment, March 9, 2016

March 9, 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.

Hours and Wages: Residential loan underwriters fell within Fair Labor Standards Act’s administrative exception.  Lutz v. Huntington Bancshares, Inc. 2016 WL 813535 (C.A.6 (Ohio)) Residential loan underwriters employed by a bank were administrative employees exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In applying the administrative-production dichotomy, the underwriters’ work directly related to the management or the general business operations of the bank. In addition, the underwriters exercised independent judgment with respect to matters of significance. 2016 WL 813535. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).      

Workers’ Compensation: Statute’s imposition of 180-day duration-of-employment condition for filing cumulative trauma claim violated due process.  Torres v. Seaboard Foods, LLC 2016 WL 805519 (Okla.)

Hours and Wages: Employer was required to compensate employees at canning facility for donning and doffing at the beginning and end of the day.  United Food & Commercial Workers Union, Local 1473 v. Hormel Foods Corp. 2016 WL 785216 (Wis.)

Discrimination: Employee could not perform essential function of unloader job, either with or without reasonable accommodation, as required to support ADA claim.  Lang v. Wal-Mart Stores East, L.P. 2016 WL 821038 (C.A.1 (N.H.))

Unfair Labor Practices: Substantial evidence supported NLRB’s finding that employee was wrongfully terminated for engaging in protected, concerted activity.  Staffing Network Holdings, LLC v. N.L.R.B 2016 WL 814733 (C.A.7)

Whistleblowing: Employee’s report of alleged legal violation was made to appropriate law enforcement authority under Whistleblower Act.  McMillen v. Texas Health & Human Services Commission 2016 WL 766799 (Tex.)

Arbitration: Arbitration agreement set forth in employment handbook was illusory, and thus, unenforceable.  Nelson v. Watch House Intern., L.L.C. 2016 WL 825385 (C.A.5 (Tex.))

Discrimination: FEHA disability discrimination does not require proof of animosity or ill will.  Wallace v. County of Stanislaus 2016 WL 758609 (Cal.App. 5 Dist.)

Hours and Wages: Firefighters and police officers lacked unilateral contract with city to provide career-long longevity payments.  Cheek v. City of Greensboro, NC 2015 WL 4393067 (M.D.N.C.)

Discrimination: Individuals may be liable for aiding and abetting unlawful employment discrimination under the Law Against Discrimination.  U.S. Equal Employment Opportunity Commission v. Fred Fuller Oil Company, Inc. 2016 WL 702599 (N.H.)

Workers’ Compensation: Worker was not entitled to TTD benefits after she returned to work in a different role.  Trane Commercial Systems v. Tipton 2016 WL 671170 (Ky.)

Workers’ Compensation: Selective tender of claim does not foreclose workers’ compensation insurer from seeking equitable contribution from co-insurer.  Insurance Co. of State v. Great Northern Ins. Co. 2015 WL 10428274 (Mass.)

Benefit Plans: ERISA preemption of state-law reporting requirements for health insurance plans — Certiorari Granted, Judgment Vacated, and Remanded Self-Insurance Institute of America, Inc. v. Snyder 2016 WL 854161 (U.S.)

Public Employment: County employee’s disability retirement payments began only after she stopped using small increments of other leave.  Astorga v. Retirement Board of the Santa Barbara County Employees Retirement System 2016 WL 830844 (Cal.App. 2 Dist.)