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Selected court decisions concerning employment issues noted by law firms

Selected court decisions concerning employment issues noted by law firms
Source: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]

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New York - Federal judge confirms reinsurance arbitration award
Jorden Burt LLP
After arbitration between insurers Praetorian Insurance Co. (f/k/a Insurance Corporation of Hannover) and Clarendon Insurance Group Inc., and their reinsurer, American Constantine Insurance Co., the U.S. District Court for the Southern District of New York granted an unopposed petition to confirm the $7 million arbitration award.

Two new U.S. Supreme Court decisions will likely impact companies' drafting of arbitration provisions
Diaz Reus
Two recent United States Supreme Court decisions present significant new developments on the scope and interpretation of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and will likely influence the manner in which companies draft future arbitration provisions.

11th Circuit upholds confirmation of arbitration award pursuant to liquidated damages clause
Jorden Burt LLP
Following the district court's confirmation of an arbitration award of damages to Seaborne Virgin Islands, National Aerotech Aviation appealed to the 11th Circuit Court of Appeals arguing that the district court "improperly and erroneously weighed the material facts" in determining whether the arbitrator acted in manifest disregard of the law.

Mediation of insurance disputes: wise or waste?
Orrick Herrington & Sutcliffe LLP
Mediation of complex insurance disputes is on the rise.

New York - OSHA issues high penalty failure-to-abate citations
Bond Schoeneck & King
An employer that has entered into a settlement agreement with OSHA, or that has been found in violation of OSHA regulations or the general duty clause - either by order of an Administrative Law Judge or as a consequence of accepting a citation - should adhere to all provisions of any agreement, and abate all cited conditions.

Massachusetts - New Massachusetts criminal reports law and its impact on employers
Nutter McClennen & Fish LLP
On August 6th, Massachusetts Governor Deval Patrick signed into law a bill (Senate No. 2583) that significantly revises the Commonwealth?s Criminal Offender Record Information System.

Illinois - New law modifies military family leave in Illinois
Franczek Radelet PC
The Illinois Family Military Leave Act allows eligible employees who are the spouse or parent of a person called to military service to take unpaid leave during the family member's military service.

FMLA FAQ - leave for cosmetic surgery
Franczek Radelet PC
An employee has advised that she needs to take leave for cosmetic surgery...Does FMLA apply?

Proposed bill to extend minimum wage and overtime to home care workers
Seyfarth Shaw LLP
Recently, legislation was introduced that would provide federal minimum wage and overtime coverage to in-home care workers.

Illinois - Illinois Wage Payment and Collection Act amended to expand coverage, increase penalties and toughen enforcement
Duane Morris LLP
On July 30, 2010, Illinois Gov. Patrick Quinn signed into law amendments1 to the Illinois Wage Payment and Collection Act (IWPCA, which become effective January 1, 2011.

An irony between war and the workplace
Venable LLP
The world of politics often illuminates the chasm between what we consider acceptable in our society as opposed to our workplaces.

Non-union employer pays $900,000 to settle labor board case
Stinson Morrison Hecker LLP
The NLRB announced on July 12, 2010, that a non-unionized employer will pay $900,000 in back pay to two fired employees for violations of the National Labor Relations Act (NLRA).

Pennsylvania - Kiak v. Crown Equip. Corp., 989 A.3d 385 (Pa. Super. 2010)
Buchanan Ingersoll & Rooney PC
In Kiak, the Superior Court of Pennsylvania held that a claim that a forklift should have a backing alarm which sounds when the vehicle is coasting backwards, with the throttle disengaged, is not preempted by an OSHA regulation requiring a manufacturer to equip forklifts with "a warning horn, whistle, or gong, or other device."

Massachusetts - Supreme Judicial Court limits the protections of the Massachusetts Maternity Leave Act
Foley Hoag LLP
On Monday, the Supreme Judicial Court held that the protections of the Massachusetts Maternity Leave Act ("MMLA") are limited to a period of eight weeks.

Massachusetts - Massachusetts restricts employers' use of criminal record information
Foley Hoag LLP
On August 6, 2010, Massachusetts Governor Patrick signed into law the "CORI Reform Bill," which significantly affects employers' access to and use of criminal record information during the hiring process.

Illinois - Illinois bans employer credit checks in hiring
Baker & McKenzie
On August 11, 2010, the Illinois Employee Credit Privacy Act ("ECPA") became law.

Seventh Circuit holds nursing home violated Title VII in accommodating resident's "white-only" request
Hunton & Williams LLP
An Indiana nursing home was found in violation of Title VII this month for acceding to a resident's request for white-only healthcare providers.

Connecticut - Conn. district court refuses to dismiss computer fraud and abuse claims against ex-employee
Dorsey & Whitney LLP
Without referencing the conflicting positions between LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) and Int?l Airport Centers LLC v. Citrin, 440 F.3d 418, 420 (7th Cir.2006) a Connecticut federal district court refused to dismiss Computer Fraud and Abuse claims brought by an employer against an ex-employee.

Keeping work safe and sound ? the challenges of preventing workplace violence
Proskauer Rose LLP
A former beer distribution center employee's August 3, 2010 shooting rampage in Hartford, CT, which resulted in the death of eight employees before the gunman turned the gun on himself, serves as a stark reminder of the realities of workplace violence.

Wisconsin - Silent Wisconsin law provides basis for overtime claim despite federal exemption
Quarles & Brady
A recent Seventh Circuit case, Spoerle, et al. v. Kraft Foods Global, Inc., Case No. 09-2691, addressed the question of whether Section 203(o) of the Fair Labor Standards Act (?FLSA?), which allows a collective bargaining agreement (?CBA?) to exclude time spent changing into and out of work clothes (?donning and doffing?) from hours worked, pre-empts a state law that lacks an equivalent exception.

Massachusetts - New Massachusetts law overhauls employer access to criminal records
Day Pitney LLP
On August 6, 2010, Massachusetts Governor Deval Patrick signed into law a comprehensive bill that overhauls the Criminal Offender Record Information (CORI) system used by many employers to access the criminal histories of job applicants and employees.

Pennsylvania - Sedlacek v. A.O. Smith Corp., 990 A.2d 801 (Pa. Super. 2010)
Buchanan Ingersoll & Rooney PC
In recognition of their 2009 decision in Ranalli v. Rohm and Hass Co., 938 A.2d 732 (Pa. Super. 2009), the Superior Court of Pennsylvania has again held that an individual diagnosed with mesothelioma (and the executor or executrix of the estate of an individual who dies from mesothelioma) is precluded from recovery from his/her employer when suing under the theory that negligent occupational exposure to asbestos caused his/her injuries.

Idaho - Not everyone is a fiduciary
Fox Rothschild LLP
Just because you work with retirement plan money, you are not necessarily a fiduciary.

Second Circuit finds that board of trustees of Taft-Hartley plans are "inherently" conflicted
Reinhart Boerner Van Deuren SC
The Second Circuit recently held that because Taft-Hartley plans are administered by trustees consisting of union and employer representatives, the plans are inherently conflicted when making benefit determinations and this conflict should be considered by federal district courts when reviewing plan determinations.

Trust without an interest in plan benefits has no Section 502(a)(1)(B) claim
Kelley Drye & Warren LLP
Ronald Lehn was employed at a General Electric Company facility in Ottawa, Illinois and participated in the company's retirement plan.

?Prevailing party? status not required for award of attorneys? fees under ERISA
Quarles & Brady
The U.S. Supreme Court recently settled the split among the appellate circuit courts over what standard a fee claimant must meet to receive an award of attorneys? fees under ERISA.

New DHS rule extends employment authorization for dependants of foreign officials
Fakhoury Law Group PC
In the August 9 Federal Register, the Department of Homeland Security (DHS) amended regulations regarding employment authorization for dependants of foreign officials (those classified as A-1, A-2, G-1, G-3 and G-4 nonimmigrants).

Move Act makes absentee voting easier for overseas voters
Lehman Lee & Xu
On October 28th 2009, the Military and Overseas Voter Empowerment Act ("Move Act") was signed into law by President Obama.

California - Native Americans entitled to $239,620 in fees by confering a public benefit
Barger & Wolen LLP
An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County.

Student liability lawsuits: suggested best practices to avoid class and mass actions and minimize potential exposure
Gibson Dunn & Crutcher LLP
In light of the recent GAO investigation and report, the ongoing Senate Committee hearings and document requests, and the debate over proposed federal regulations, you are well aware of the renewed focus by the U.S. government on the operations of private sector educational institutions.

Illinois - Illinois enacts legislation to facilitate reallocation of recovery zone bonds
Quarles & Brady
The American Recovery and Reinvestment Act of 2009 ("ARRA") authorized the issuance of Recovery Zone Facility Bonds ("RZFBs") and Recovery Zone Economic Development Bonds ("RZEDBs") (collectively, "RZBs") to assist economic development in areas designated by municipalities as recovery zones.

SEC adopts pay-to-play rule for investment advisers
Womble Carlyle Sandridge & Rice PLLC
After almost a year of deliberations, on June 30 the SEC approved a "pay-to-play" rule that restricts political contributions by investment advisers that seek business from public pension funds and similar government investment accounts.

Full post as published by New York Public Personnel Law on August 26, 2010 (boomark / email).