Westlaw Topical Highlights: Labor and Employment, July 16, 2014

July 16, 2014

Labor and EmploymentTopical 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.

Workers’ Compensation: Exclusion for work subject to LHWCA did not apply to workers’ compensation claim.  Global Management Enterprises, LLC v. Commerce & Industry Ins. Co. 2014 WL 2810005 (C.A.5 (La.))  The site of the injury sustained by a workers’ compensation claimant was not customarily used for longshore work. Thus, the location of injury was not covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the workers’ compensation policy’s exclusion for work subject to the LHWCA did not apply. The remote island beach on which the claimant was injured when gathering spill-related debris had no structures, and while debris-containing bags were loaded onto a truck for daily transport to a vessel for removal, the beach and the vessel’s dock were not connected parts of a larger area used to facilitate longshore activity, but were discrete parts of the island about a half-mile apart. 2014 WL 2810005. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).

Public Employment: Native American Preference Law did not require hiring the most qualified applicant within a preferential category.  Jones v. Mashantucket Pequot Tribal Nation 2014 WL 2925330 (Mash. Pequot Ct. App.)

Benefit Plans: Abuse of discretion standard of review applied to ERISA plan administrator’s denial of LTD benefits.  Waldoch v. Medtronic, Inc. 2014 WL 3264187 (C.A.8 (Minn.))

Workers’ Compensation: Infection of fifth metatarsal in claimant’s right foot constituted material change in condition, for limitations purposes.  Lenz v. Central Parking System of Nebraska, Inc. 2014 WL 2903603 (Neb.)

Discrimination: Employee was not qualified to perform her job, as required to establish prima facie claims of disability and race discrimination.  Adefila v. Select Specialty Hosp. 2014 WL 2882931 (M.D.N.C.)

Benefit Plans: ERISA’s anti-alienation provision did not apply to pension funds.  S.E.C. v. Neto 2014 WL 2815661 (S.D.N.Y.)

Benefit Plans: ERISA pension plan provision which provided enhanced benefits was triggered.  Adams v. Anheuser-Busch Companies, Inc. 2014 WL 3377061 (C.A.6 (Ohio))

Hours and Wages: Employer may not reallocate earnings to meet minimum earnings prong of commissioned employee overtime exemption.  Peabody v. Time Warner Cable, Inc. 2014 WL 3397770 (Cal.)