Westlaw Topical Highlights: Labor and Employment, May 15, 2013

May 15, 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. Hours and Wages: Paid time off was equivalent to “vacation leave” under Wage Payment and Collection Act.  Fisher v. PayFlex Systems USA, Inc. 2013 WL 1856798 (Neb.)

2. Hours and Wages: Court found that mortgage brokerage firm’s violations of FLSA warranted injunction.  Solis v. A-1 Mortg. Corp. 2013 WL 1182950 (W.D.Pa.)

3. Unfair Labor Practices: NLRB rule that employers post employee rights notice violated bar on finding noncoercive employer speech to be unfair practice.  National Ass’n of Mfrs. v. N.L.R.B. 2013 WL 1876234 (C.A.D.C.)

4. Discrimination: Factual issue existed as to whether employer terminated female managing consultant due to age and gender discrimination.  Barnett v. PA Consulting Group, Inc. 2013 WL 1876247 (C.A.D.C.)

5. Benefit Plans: Plans had no actual knowledge of any ERISA violation by investment fund manager for purposes of statute of limitations.  Glass Dimensions, Inc. ex rel. Glass Dimensions, Inc. Profit Sharing Plan and Trust v. State Street Bank & Trust Co. 2013 WL 1169690 (D.Mass.)

6. Workers’ Compensation: Veterans Administration could not be impeded from intervening in workers’ compensation proceeding.  U.S. Dept. of Veterans Affairs v. Boresi 2013 WL 1820702 (Mo.)

7. Whistleblowing: Employee was whistleblower under Dodd-Frank Act by disclosing securities violations to employer’s upper-level management.  Genberg v. Porter 2013 WL 1222056 (D.Colo.)

8. Discrimination: Fitness-for-duty evaluation of employee was job-related and consistent with business necessity, given his alleged threats.  Owusu-Ansah v. Coca-Cola Co. 2013 WL 1896978 (C.A.11 (Ga.))

9. Transportation Workers: Award of maximum punitive damages allowed under Federal Rail Safety Act of $250,000 did not violate railroad’s due process. Barati v. Metro-North R.R. Commuter R. Co. 2013 WL 1192622 (D.Conn.)

10. Discrimination: Former employee adequately stated pregnancy discrimination claims against her employer.  Krause v. Lancer & Loader Group, LLC 2013 WL 1845531 (N.Y.Sup.)

11. Unions: LMRA preempted part of Arizona statute requiring employees to annually authorize paycheck deductions for political purposes.  United Food & Commercial Workers Local 99 v. Bennett 2013 WL 1289781 (D.Ariz.)

12. Discrimination: Status as employer was a nonjurisdictional element of Title VII claim.  Kaiser v. Trofholz Technologies, Inc. 2013 WL 1294673 (M.D.Ala.)

13. Benefit Plans: State-law claim for tortious interference was not removable based on complete ERISA preemption.  Gardner v. Heartland Indus. Partners, LP 2013 WL 1920875 (C.A.6 (Mich.))

14. Benefit Plans: Evidence did not support decision that ERISA plan participant was not totally disabled as required to qualify for LTD benefits.  Petrone v. Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies 2013 WL 1282315 (D.Mass.)

15. Hours and Wages: Staffing coordinators at medical staffing firm were exempt from FLSA’s overtime requirements as administrative employees.  Quintiliani v. Concentric Healthcare Solutions, LLC 2013 WL 1283753 (D.Ariz.)

16. Discovery: Stay of discovery in Fair Labor Standards Act overtime case was not warranted pending ruling on motion to compel arbitration.  Flecha v. Neighbors Moving Services, Inc. 2013 WL 1908409 (S.D.Fla.)