February 13, 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. Unfair Labor Practices: President’s allegedly unauthorized recess appointments as barrier to NLRB’s authority to seek temporary injunction—Emergency stay of injunction denied  HealthBridge Management, LLC v. Kreisberg 2013 WL 450373 (U.S.Conn.)

2. Discrimination: Employee raised triable issues as to whether termination was product of retaliatory animus.  Kelley v. Correctional Medical Services, Inc. 2013 WL 450560 (C.A.1 (Me.))

3. Workers’ Compensation: Exclusive remedy provision of Defense Base Act precluded claim for intentional infliction of emotional distress.  Vance v. CHF Intern. 2012 WL 2367075 (D.Md.)

4. Benefit Plans: ERISA beneficiaries were entitled to plan reformation as equitable remedy for employer’s breach of fiduciary duty.  Amara v. CIGNA Corp. 2012 WL 6649587 (D.Conn.)

5. Discrimination: Board not knowing race of manager in not selecting her for new position precluded manager from establishing prima facie case.  Owens v. Donahoe 2012 WL 6652847 (D.Colo.)

6. Workers’ Compensation: Settlement check that is sent to employer’s attorney within 30 days is not sent directly to claimant within prescribed time.  Harris v. Iowa Tanklines, Inc. 2013 WL 425884 (Neb.App.)

7. Discrimination: Award of non-economic compensatory damages of $2,000,000 in favor of police officer in Title VII retaliation claim was excessive.  Miller v. City of Ithaca 2012 WL 6680381 (N.D.N.Y.)

8. Wrongful Discharge: Adequate remedy, i.e., a report to state bar association, barred claim for wrongful discharge in violation of public policy.  Weiss v. Lonnquist 2013 WL 412829 (Wash.App. Div. 1)

9. Unemployment Compensation: Exotic dancers were “employees” for unemployment insurance purposes.  Milano’s, Inc. v. Kansas Dept. of Labor, Contributions Unit 2013 WL 388654 (Kan.)

10. Workers’ Compensation: Public safety salary continuation benefits count toward 104-week limit on payments for injury causing temporary disability.  County of Alameda v. Workers’ Compensation Appeals Board 2013 WL 342670 (Cal.App. 1 Dist.)

11. Whistleblowing: Employer’s failure to renew employment contract can be adverse employment action under the Whistleblowers’ Protection Act.  Wurtz v. Beecher Metro. Dist. 2012 WL 4512757 (Mich.App.)

12. Discrimination: Employer was not entitled to summary judgment on employee’s claims of failure to accommodate and intentional discrimination. Lee v. District of Columbia 2013 WL 394055 (D.D.C.)

13. Jurisdiction: District court was required to decline jurisdiction over employee’s local claims.  Bey v. SolarWorld Industries America, Inc. 2012 WL 6692203 (D.Or.)

14. Discrimination: Town was not entitled to summary judgment on born-again Christian employee’s religious-based hostile work environment claims.  Almeder v. Town of Bourne 2013 WL 452938 (D.Mass.)

15. Public Employment: Substantial evidence supported determination that employee had violated fire department regulations.  Palleschi v. Cassano 2013 WL 322573 (N.Y.A.D. 1 Dept.)

16. Benefit Plans: Sporadic rental activity constituted engaging in trade or business, as required for withdrawal liability under MPPAA.  Central States Southeast and Southwest Areas Pension Fund v. Messina Products, LLC 2013 WL 466196 (C.A.7 (Ill.))

17. Discrimination: Same-decision defense limits FEHA relief to declaratory and injunctive relief, fees, and costs.  Harris v. City of Santa Monica 2013 WL 452959 (Cal.)

18. Discrimination: Employee failed to establish that her failure to meet basic work requirements were pretext for termination.  Lenzen v. Workers Compensation Reinsurance Ass’n 2013 WL 490755 (C.A.8 (Minn.))

19. Arbitration: County employee who was union member was entitled to reinstatement to position he held prior to his suspension.  Civil Service Employees Ass’n, Inc., Local 1000, American Federation of State, County and Mun. Employees Union, AFl-CIO for County Employees Unit Orange County Local 836 v. County of Orange 2013 WL 465426 (N.Y.Sup.)