Westlaw Topical Highlights: Labor and Employment, April 11, 2013

April 11, 2013

Labor and EmploymentWestlaw Topical 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.

1. Occupational Safety: Laborer was engaged in a “repair” contemplated by Scaffold Law when he fell into steam manhole that was part of owner’s steam distribution system.  Dos Santos v. Consolidated Edison of New York, Inc. 2013 WL 1235461 (N.Y.A.D. 1 Dept.)

2. Workers’ Compensation: Employer was required to pay retrospective premiums for those employees who were Tennessee residents.  American Zurich Ins. Co. v. MVT Services, Inc. 2012 WL 3064650 (Tenn.Ct.App.)

3. Benefit Plans: City’s petition to stay arbitration with union was barred by statutes prohibiting negotiation of retirement benefits in public sector.  City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO 2013 WL 1294539 (N.Y.)

4. Unemployment Compensation: Change in work schedule did not provide employee with good cause attributable to employer to voluntarily end her employment.  Verizon Services Corp. v. Epling 2013 WL 777642 (W.Va.)

5. Benefit Plans: A short-term disability plan administrator abused its discretion in denying a claim for benefits based on back pain.  Greenwald v. Liberty Life Assur. Co. of Boston 2013 WL 1156438 (D.Neb.)

6. Arbitration: Arbitration clause did not clearly refer to statutory discrimination claims as required by Massachusetts law.  Harris v. McCutchen 2013 WL 1278361 (Cal.App. 2 Dist.)

7. Arbitration: Collective bargaining agreement was ambiguous as to employer’s exclusive right to schedule its workforce.  Akers Nat. Roll Co. v. United Steel, Paper and Forestry, Rubber, Mfg., Energy, Allied Indus. and Service Workers Intern. Union 2013 WL 1338976 (C.A.3 (Pa.))

8. Discrimination: Congress did not waive federal sovereign immunity with respect to compensatory damages under the ADEA.  Miller v. Kerry 2013 WL 617021 (D.D.C.)

9. Hours and Wages: Evidence was insufficient to rebut government’s evidence that contractor underpaid employees on federally funded project for overtime work.  Pythagoras General Contracting Corp. v. U.S. Dept. of Labor 2013 WL 646652 (S.D.N.Y.)

10. Labor Relations Boards: Employer was a “successor” to previous owner, for purpose of determining whether failure to bargain with union violated NLRA.  Grane Health Care v. N.L.R.B. 2013 WL 1363516 (C.A.3)

11. Discrimination: Title VII provision authorizing award of costs and fees did not apply to mixed-motive retaliation claims.  Carter v. Luminant Power Services Co. 2013 WL 1337365 (C.A.5 (Tex.))

12. Discrimination: Evidence that supervisor discriminated against racial groups other than employee’s was properly excluded.  Hatai v. Department of Transportation 2013 WL 1246843 (Cal.App. 2 Dist.)

13. Discrimination: City reasonably accommodated disabled employee by timely providing a nearby parking space.  Cloe v. City of Indianapolis 2013 WL 1405428 (C.A.7 (Ind.))

14. Discrimination: Administrative charge attached to discrimination complaint was part of the pleadings.  Blazek v. U.S. Cellular Corp. 2011 WL 10582219 (N.D.Iowa)

15. Settlements: Acceptance of employer’s offer of judgment, along with voluntary dismissal, was sufficient to resolve employee’s FLSA claim.  Picerni v. Bilingual Seit & Preschool Inc. 2013 WL 646649 (E.D.N.Y.)

16. Workers’ Compensation: Employment requirement that employee wear ID badge with religious statement did not justify employee’s voluntary termination.  Mathis v. Unemployment Compensation Bd. of Review 2013 WL 1409877 (Pa.Cmwlth.)

17. Unemployment Compensation: Claimant’s sideline self-employment as real-estate agent did not affect her eligibility for unemployment benefits.  Crocker v. Unemployment Compensation Bd. of Review 2013 WL 1010575 (Pa.Cmwlth.)