Westlaw Topical Highlights: Labor and Employment, Nov. 14, 2012

November 14, 2012

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. Public Employment: Evidence was sufficient to allow Civil Service Commission to reject police department psychiatrist’s evaluation of officer applicant. Police Dept. of Boston v. Kavaleski 2012 WL 5382901 (Mass.)

2. Collective Bargaining: Subject of police discipline resided with town board and was prohibited subject of collective bargaining. Town of Wallkill v. Civil Service Employees Ass’n, Inc. 2012 WL 5258298 (N.Y.)

3. Benefit Plans: Common law claims were preempted to extent they related to alleged misrepresentations made after enrollment in ERISA plan.  National Sec. Systems, Inc. v. Iola 2012 WL 5440113 (C.A.3 (N.J.))

4. Workers’ Compensation: Workers’ compensation claimant who had reached maximum medical improvement (MMI) was not “in recuperation.” Avery v. City of Coral Gables 2012 WL 5416208 (Fla.App. 1 Dist.)

5. Discrimination: Female federal employee failed to make out prima facie case of sex, or age discrimination.  Johnson v. Holder 2012 WL 5457517 (C.A.7 (Ill.))

6. Discrimination: EEOC could pursue Title VII claims using framework for pattern-or-practice claims of employment discrimination.  Serrano v. Cintas Corp. 2012 WL 5458182 (C.A.6 (Mich.))

7. Contracts: Non-compete covenant limiting physician’s future employment constituted an unreasonable restraint on trade.  Mercy Health System of Northwest Arkansas, Inc. v. Bicak 2011 WL 1785618 (Ark.App.)

8. Discrimination: Any sexual harassment of a male employee by a female employee was not unwelcome.  Perez v. Developers Diversified Realty Corp. 2012 WL 5383333 (D.Puerto Rico)

9. Class Actions: Certifying Massachusetts Tips Act class with baristas-turned-shift supervisors did not create intractable conflict.  Matamoros v. Starbucks Corp. 2012 WL 5458443 (C.A.1 (Mass.))

10. Discrimination: Claim of interference with right protected by employment discrimination statute may be established by disparate impact.  Lopez v. Com. 2012 WL 5447832 (Mass.)

11. Unemployment Compensation: Recipient of trade adjustment assistance could not transfer to computer training after failing in nurse training program.  Hyde v. Unemployment Compensation Bd. of Review 2012 WL 5439927 (Pa.Cmwlth.)

12. Discrimination: Employee was estopped to argue qualified individual status by total disability representation in social security proceeding.  McDaniel v. IntegraCare Holdings, Inc. 2012 WL 5289705 (N.D.Tex.)

13. Unemployment Compensation: Claimant did not have sufficient earnings in base year, and could not establish alternate base year under Workers’ Compensation Act.  Bosch v. Unemployment Compensation Bd. of Review 2012 WL 5416485 (Pa.Cmwlth.)

14. Benefit Plans: ERISA preempted employee’s claims for retaliatory discharge in violation of public policy and violations of Mass. Wages Act.  Altshuler v. Animal Hospitals, Ltd. 2012 WL 5353543 (D.Mass.)