February 6, 2013

Labor and Employment

Westlaw 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. Public Employment: County employee did not engage in protected speech through his participation in coworker’s pregnancy discrimination suit. Farneski v. County of Hunterdon 2013 WL 86001 (D.N.J.)

2. Workers’ Compensation: Retroactive effect of PPACA amendment did not violate procedural due process. Vision Processing, LLC v. Groves 2013 WL 332082 (C.A.6)

3. Transportation Workers: Railroad employee’s Section 1981 claims against railroad were preempted by the Railway Labor Act. Lee v. Norfolk Southern Ry. Co. 2012 WL 6189123 (W.D.N.C.)

4. Leaves: Employee did not qualify as “eligible employee,” and thus, was not entitled to leave under the FMLA. McArdle v. Town of Dracut/Dracut Public Schools 2012 WL 6584718 (D.Mass.)

5. Discrimination: Employee’s failure to plead § 1981 discrimination claim against city pursuant to § 1983 precluded asserting such claim. De v. City of Chicago 2012 WL 6605009 (N.D.Ill.)

6. Discrimination: Federal employer’s stated reason for the promotion of three white males was not a pretext for discrimination based on race, national origin, or religion. Ahmed v. Napolitano 2012 WL 6585217 (D.Mass.)

7. Wrongful Discharge: Evidence that justification for termination was unsubstantiated did not show it was untrue or pretextual under FEHA. McGrory v. Applied Signal Technology, Inc. 2013 WL 265252 (Cal.App. 6 Dist.)

8. Unions: Claim that union had acted improperly when it settled NLRB proceeding was not “hybrid” claim. Rutherford v. Judge & Dolph Ltd. 2013 WL 411358 (C.A.7 (Ill.))

9. Public Employment: Disclosure was not required to touch on matter of public concern in order to trigger Whistleblower Act protections. Rogers v. Pennyrile Allied Community Services, Inc. 2012 WL 6214354 (Ky.App.)

10. Public Employment: Subway workers’ union’s Article 78 petition was based on state’s equal pay for equal work policy, rather than CBA. Subway Surface Sup’rs Ass’n v. New York City Transit Authority 2013 WL 221488 (N.Y.A.D. 1 Dept.)

11. Whistleblowing: Former employee’s whistleblower and retaliatory discharge claims were not preempted by FADA. Hamilton v. United Airlines, Inc. 2012 WL 6642489 (N.D.Ill.)