Westlaw Topical Highlights: Labor and Employment, November 6, 2013

November 6, 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.

Workers’ Compensation: Statute providing for tort immunity for statutory employers pursuant to written contract was constitutional.  Johnson v. Motiva Enterprises LLC, 2013 WL 5850038 (La.App. 5 Cir.) 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 5850038.  (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Public Employment: California county did not create contract providing retiree subsidy with implied term that subsidy was vested in perpetuity.  Sacramento County Retired Employees Ass’n v. County of Sacramento 2013 WL 5486817 (E.D.Cal.)

Unemployment Compensation: Claimant’s conduct in refusing to recite the Rosary did not amount to insubordination, so as to disqualify her from receiving benefits.  Woodland Village Nursing Center, LLC v. Mississippi Dept. of Employment Sec. 2013 WL 5788768 (Miss.App.)

Public Employment: Terminated fire protection district employee stated plausible First Amendment retaliation claims against three individuals.  Anzaldua v. Northeast Ambulance and Fire Protection Dist. 2013 WL 5707875 (E.D.Mo.)

Benefit Plans: Plan administrator’s failure to timely produce the requested to a participant’s surviving spouse warranted statutory penalty.  Hartman v. Dana Holding Corp. 2013 WL 5707241 (N.D.Ind.)

Hours and Wages: Court declined to approve proposed settlement of FLSA collective action.  Goldsby v. Renosol Seating, LLC 2013 WL 5604350 (S.D.Ala.)

Workers’ Compensation: Trial court could dismiss appeal filed by workers’ compensation claimant’s husband and daughter.  Townsend v. Integrated Mfg. and Assembly 2013 WL 5537379 (Del.Supr.)

Unfair Labor Practices: Employer did not engage in unfair labor practice by bringing prior suit against unions. N.L.R.B. v. Allied Mechanical Services, Inc. 2013 WL 5811585 (C.A.6)

Public Employment: Federal employee made sufficient allegations of protected disclosures, as required to allege administrative claim of whistleblower retaliation.  Schoenig v. Department of Justice 2013 WL 5818590 (M.S.P.B.)

Public Employment: Evidence supported finding that county employer’s statement appeared to coerce employee from engaging in protected activity.  County of Berks v. Pennsylvania Labor Relations Bd. 2013 WL 5200939 (Pa.Cmwlth.)

Public Employment: Federal employee was entitled to adjudication of his prima facie claim of whistleblower retaliation.  Belyakov v. Department of Health and Human Services 2013 WL 5818594 (M.S.P.B.)

Public Employment: Provisions of public employment relations act regarding union fees applied to civil service employees.  International Union, United Automobile, Aerospace, and Agr. Implement Workers of America v. Green 2013 WL 4404430 (Mich.App.)

Public Employment: Federal employee exhausted administrative remedies on whistleblower retaliation claim.  Edwards v. Department of Air Force 2013 WL 5818587 (M.S.P.B.)

Discovery: Class members’ internal gender-related complaints were discoverable in Title VII gender discrimination class action.  Chen-Oster v. Goldman, Sachs & Co. 2013 WL 5629831 (S.D.N.Y.)

Benefit Plans: ERISA plan participant was eligible for attorney fee award in putative class action.  Carlson v. HSBC-North America (US) Retirement Income Plan 2013 WL 4838835 (C.A.2 (N.Y.))

Workers’ Compensation: Statute’s anti-assignment provision does not govern assignability of claims belonging to or payments due to a health care provider.  Rebel Distributors Corp., Inc. v. LUBA Workers’ Comp. 2013 WL 5788791 (La.)

Contracts: Provisions in employment agreement requiring employees to devote their professional time to employer were ambiguous.  Cardiovascular Systems, Inc. v. Money 2013 WL 5425993 (D.Minn.)

Unions: Employer’s agreement to pay full-time salaries to a union president and benefit representative violated statutory bar.  Titan Tire Corp. of Freeport, Inc. v. United Steel, Paper and Forestry, Rubber, Mfg., Energy, Allied Indus. and Service Workers Intern. Union 2013 WL 5863447 (C.A.7 (Ill.))

Workers’ Compensation: Worker’s amended petition benefits for workers’ compensation related back to date original petition was filed, for limitations purposes.  Waterman v. Morningside Manor 2013 WL 5861486 (S.D.)

Intentional Torts: Whether employer rebutted intent-to-injure presumption was question for jury in intentional-tort action.  Downard v. Rumpke of Ohio, Inc. 2013 WL 5783721 (Ohio App. 12 Dist.)

Benefit Plans: PBGC did not erroneously interpret ERISA provision that would award additional benefits to eligible pilots who retired early.  Davis v. Pension Ben. Guar. Corp. 2013 WL 5853745 (C.A.D.C.)

Hours and Wages: Conditional certification of class of all service coordinators was warranted.  Lee v. Metrocare Services 2013 WL 5863342 (N.D.Tex.)

Hours and Wages: Court evaluates wage and hour claims against a popular indoor cycling venue.  Oram v. Soulcycle LLC 2013 WL 5797346 (S.D.N.Y.)