Westlaw Topical Highlights: Labor and Employment, September 4, 2013

September 4, 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

Unemployment Compensation: Failure to translate into Spanish determinations by Division of Unemployment Insurance violated seasonal worker’s due process rights.  Alicea v. Board of Review 2013 WL 4525311 (N.J.Super.A.D.) The failure to translate into Spanish determinations by the Division of Unemployment Insurance assessing a worker $17,802.50 for purportedly fraudulently obtaining unemployment compensation violated the worker’s due process rights. The worker spoke only Spanish, lived in Puerto Rico and had seasonal employment in New Jersey. The determinations were addressed to the worker’s home address, a post office box on a rural route in Puerto Rico, and were written in English with only one paragraph in the middle of each determination titled “Appeal Procedure” translated into Spanish along with an additional sentence added to the Spanish version stating in Spanish, “If you do not speak English, please ask someone to translate this form immediately.” 2013 WL 4525311(The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Public Employment: Tribe’s refusal to hire an applicant for a position did not violate the Tribal and Native American Preference Law. Jones v. Mashantucket Pequot Tribal Nation 2013 WL 4495102 (Mash. Pequot Tribal Ct.)

Discrimination: A male supervisor’s harassing actions were sufficiently severe or pervasive as to alter female employee’s work environment.  Miles v. DaVita Rx, LLC 2013 WL 4516468 (D.Md.)

Discrimination: Former federal employee failed to establish a prima facie case of age discrimination.  Pierce v. Donahoe 2013 WL 3884258 (D.Del.)

Discovery: Award of attorney fees against ERISA plan participant for filing discovery motion in wrong court would be unjust.  Gordon v. Borigini 2013 WL 4566677 (D.D.C)

Arbitration: Arbitrator’s award was unenforceable.  Town of Marlborough v. AFSCME, Council 4, Local 818-052 2013 WL 4106700 (Conn.)

Arbitration: Arbitrator’s decision that town could terminate assessor could not be set aside.  AFSCME, Council 4, Local 1303-325 v. Town of Westbrook 2013 WL 4106690 (Conn.)

Discrimination: When company refused to photograph same-sex commitment ceremony, it discriminated against customer on basis of sexual orientation in violation of Human Rights Act.  Elane Photography, LLC v. Willock 2013 WL 4478229 (N.M)

Unions: Postal workers were likely to succeed on merits of claim union violated LMRDA by refusing to distribute campaign literature.  Dimondstein v. American Postal Workers Union 2013 WL 4578306 (D.D.C.)

Layoffs: Employer’s two facilities were single site of employment qualifying terminations as mass layoff requiring WARN Act notice.  Davis v. Signal Intern. Texas GP, L.L.C. 2013 WL 4551300 (C.A.5 (Tex.))


Migrant Workers: A fact issue existed as to whether employers abused the law or legal process in hiring a Filipino national to work for them.  Aguirre v. Best Care Agency, Inc. 2013 WL 4446925 (E.D.N.Y.)

Whistleblowing: Employer was not entitled to summary judgment in employee’s suit under Sarbanes-Oxley (SOX) Act whistleblower provision.  Perez v. Progenics Pharmaceuticals, Inc. 2013 WL 3835199 (S.D.N.Y.)