Westlaw Topical Highlights: Labor and Employment, November 20, 2013

November 20, 2013

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.

Hours and Wages: Truck drivers’ claims regarding rest breaks were preempted by Federal Aviation Administration Authorization Act.  Helde v. Knight Transp., Inc. 2013 WL 5588310 (W.D.Wash.)  The immunity provision in the Louisiana Workers’ Compensation Act, providing for tort immunity for statutory employers pursuant to a written contract, did not deprive a statutory employee of procedural due process and did not restrict his right to be heard at a meaningful time and manner in the workers’ compensation tribunal. The workers’ compensation courts were the least restrictive means of providing an injured employee direct access to the courts without unnecessary delays in receiving medical treatment and benefits. 2013 WL 5588310 (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Discrimination: Time spent by former employee’s treating physician responding to legal matters was not recoverable as litigation cost.   Johnson v. State, Dept. of Transp. 2013 WL 6001890 (Wash.App. Div. 1)

Costs: Employer’s “enormous wealth” did not justify reduction in award of costs.  Moore v. CITGO Refining and Chemicals Co., L.P. 2013 WL 5989444 (C.A.5 (Tex.))

Hours and Wages: Employer had to reimburse immigrant workers during the first week of work for inbound travel and immigration expenses.  Rivera v. Peri & Sons Farms, Inc. 2013 WL 5992255 (C.A.9 (Nev.))

Arbitration: Employer’s arbitration policy was substantively unconscionable.   Caire v. Conifer Value Based Care, LLC 2013 WL 5973151 (D.Md.)

Public Employment: Governor’s delegating public employee retirement contributions to Legislature violated state constitutional right to collective bargaining.  Florida State Fire Service Ass’n, IAFF, Local S-20 v. State 2013 WL 5988613 (Fla.App. 1 Dist.)

Public Employment: Daily logs kept by fire captain were subject to FFBOR requirement allowing firefighter the opportunity for review and comment.   Poole v. Orange County Fire Authority 2013 WL 5881661 (Cal.App. 4 Dist.)

Workers’ Compensation: Injured employee’s status as an undocumented worker did not deprive her of entitlement to healing period benefits.  Staff Management v. Jimenez 2013 WL 6037119 (Iowa).

Workers’ Compensation: Medical report prepared by non-MPN physician was admissible in proceeding to determine disability compensation.  Valdez v. Workers’ Comp. Appeals Bd. 2013 WL 6017350 (Cal.)

Contracts: Employer’s obligation to pay severance was excused by employee’s failure to fulfill condition precedent.  St. Louis Produce Market v. Hughes 2013 WL 6014671 (C.A.8 (Mo.))

Arbitration: Arbitrator’s award determining that employer did not violate collective bargaining agreement would be affirmed.   New England Health Care Employees Union, District 1199, SEIU v. Women and Infants Hosp. 2013 WL 6018008 (D.R.I.)

Whistleblowing: Applicant for position with fiscal agent for WIA grant was not whistleblower under Maine Whistleblowers’ Protection Act.  Winslow v. Aroostook County 2013 WL 6037175 (C.A.1 (Me.))

Arbitration: Arbitrator exceeded his authority in determining employee was eligible for holiday pay despite arriving late the day before.   Reyco Granning LLC v. International Broth. of Teamsters, Local Union No. 245 2013 WL 6037185 (C.A.8 (Mo.))

Benefit Plans: Former director was not “company” or “employer” responsible for defunct corporation’s ERISA debts under terms of plans.  Teamsters Local 639Employers, Health Trust v. Hileman 2013 WL 5738022 (D.D.C.)

Discrimination: Employee engaged in statutorily protected activity under § 1981 by reporting that he had witnessed offensive conduct.  Sayger v. Riceland Foods, Inc. 2013 WL 6050746 (C.A.8 (Ark.))

Discrimination: Non-security guard employee of security-services company did not have standing to sue for discrimination under Title VII.   Finn v. Kent Security Services, Inc. 2013 WL 5954388 (S.D.Fla.)

Discrimination: Terminated city maintenance worker failed to establish age discrimination based on treatment of younger workers.  Tilley v. Dublin 2013 WL 5972384 (Ohio App. 10 Dist.)

Benefit Plans: Retroactively conferred benefit during course of employment is “accrued benefit” under ERISA’s “anti-cutback” rule.  Bonneau v. Plumbers and Pipefitters Local Union 51 Pension Trust Fund ex rel. Bolton 2013 WL 6037181 (C.A.1 (R.I.))

Discrimination: Allegations by state employee did not state § 1983 equal protection claim against supervisor.  Hager v. Arkansas Dept. of Health 2013 WL 6038991 (C.A.8 (Ark.))

Hours and Wages: Truck drivers’ claims regarding rest breaks were preempted by Federal Aviation Administration Authorization Act.  Helde v. Knight Transp., Inc. 2013 WL 5588310 (W.D.Wash.)