Westlaw Topical Highlights: Labor and Employment, September 2, 2015

September 3, 2015

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.

Layoffs: Rare mass seizure of employer’s products by FDA was not unforeseeable business circumstance under WARN Act.  Calloway v. Caraco Pharmaceutical Laboratories, Ltd. 2015 WL 5023560 (C.A.6 (Mich.)) A rare mass seizure of an employer’s products by the Food and Drug Administration (FDA) was not an unforeseeable business circumstance that would excuse the employer from complying with the requirement under the WARN Act to notify employees at least 60 days prior to a mass layoff. The employer knew that the enforcement action was imminent based on its failure to resolve serious issues over a six month period that had been addressed in the FDA warning letter, it had multiple outstanding violations dating back several years of which management was aware, and its consultants advised it that an enforcement action was imminent. 2015 WL 5023560. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).    

Benefit Plans: Summary plan description was governing plan document for ERISA plan administrator’s subrogation claim.  Board of Trustees v. Moore 2015 WL 5010985 (C.A.6 (Ohio))

Benefit Plans: ERISA regulation required plan administrator to notify claimant of plan-imposed deadline for judicial review in denial letter.  Mirza v. Insurance Adm’r of America, Inc. 2015 WL 5024159 (C.A.3 (N.J.))

Discrimination: Title VII disparate impact claim by black police officers, cadets, and applicants regarding police department’s hair drug test was not viable.  Jones v. City of Boston 2015 WL 4689428 (D.Mass.)

Discrimination: Law firm’s poor history of promoting African-Americans did not show pretext for discrimination.  Ray v. Ropes & Gray LLP 2015 WL 5011753 (C.A.1 (Mass.))

Workers’ Compensation: To receive double benefits, reason for cessation of work at same or greater wage following injury does not need to be related to the disabling injury.  Livingood v. Transfreight, LLC 2015 WL 4967172 (Ky.)

Workers’ Compensation: Knee injury suffered during laser tag at sales conferences arose from employment.  Holliday v. Tropical Nut & Fruit Co. 2015 WL 4904557 (N.C.App.)

Discrimination: African-American female former federal employee sufficiently alleged Title VII employment discrimination claim based on race.  Ames v. Johnson 2015 WL 4880635 (D.D.C.)

Workers’ Compensation: Statutory presumption regarding respiratory diseases applied only to diseases diagnosed as respiratory diseases.  Gorre v. City of Tacoma 2015 WL 5076290 (Wash.)

Unfair Labor Practices: Although employer violated FCRA’s disclosure provision when it notified job applicants of its use of consumer reports, violation was not willful.  Landrum v. Harris County Emergency Corps 2015 WL 4394010 (S.D.Tex.)

Workers’ Compensation: Back injury that affected lower extremities, including feet, did not entitle claimant to lifetime income benefits for loss of both feet.  Dallas National Insurance Company v. De La Cruz 2015 WL 5053812 (Tex.)

Collective Bargaining: Group health plan’s state law breach of contract action against employee welfare benefit plan was preempted by section 301 of the Labor Management Relations Act.  Silverman v. Miranda 2015 WL 4486296 (S.D.N.Y.)

Removal: LMRA did not preempt state law claims of discrimination or wage payment laws.  Irving v. Okonite Company, Inc 2015 WL 4762457 (C.D.Cal.)

Benefit Plans: Plan instrument constituted trust according to common law definition and thus was written trust instrument under ERISA.  Barboza v. California Ass’n of Professional Firefighters 2015 WL 5061180 (C.A.9 (Cal.))