Westlaw Topical Highlights: Labor and Employment, Nov. 7, 2012

November 7, 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. Hours and Wages: Liquidated damages were justified under FLSA.

Jemine v. Dennis 2012 WL 4482769 (E.D.N.Y.)

2. Workers’ Compensation: Substantial evidence supported award of BLBA benefits based on view of evidence influenced by regulatory preamble.

Little David Coal Co. v. Director, Office of Workers’ Compensation Programs 2012 WL 3002609 (C.A.6)

3. Wrongful Discharge: Virginia recognizes common law tort claim of wrongful discharge in violation of established public policy against individual who was not actual employer.

VanBuren v. Grubb 2012 WL 5358706 (Va.)

4. Workers’ Compensation: Employer may seek relevant information informally by communicating ex parte with claimant’s treating physician.

Arby’s Restaurant Group, Inc. v. McRae 2012 WL 5381347 (Ga.)

5. Discrimination: Football club’s proffered reason for terminating cheerleader was not mere pretext, barring Title VII discrimination claim.

Wampler v. Indianapolis Colts 2012 WL 3309009 (S.D.Ind.)

6. Benefit Plans: Employee’s state law claims necessarily referenced ERISA-governed plan, and thus were preempted

Poffenbarger v. Hawaii Management Alliance Ass’n 2012 WL 3808419 (D.Hawai’i)

7. Public Employment: Employee had no due process property interest in protections afforded to permanent civil service employees.

Turner v. City and County of San Francisco 2012 WL 3763635 (N.D.Cal.)

8. Hours and Wages: Employers may round employee work time if employees are fully compensated “over a period of time.”

See’s Candy Shops, Inc. v. Superior Court 2012 WL 5305729 (Cal.App. 4 Dist.)

9. Hours and Wages: Hospital should not have known that nurse was not being compensated for missed meal breaks, precluding her FLSA claims.

White v. Baptist Memorial Health Care Corp. 2012 WL 5392621 (C.A.6 (Tenn.)