FindLaw Opinion Summaries - Labor Law

Ford v. Minteq Shapes & Serv., Inc.

Tue, 24 Nov 2009 15:00:02 PDT

(U.S. 7th Cir., Civil Procedure, Civil Rights, Evidence, Labor & Employment Law, Manufacturing) In plaintiff's Title VII case against his employer claiming racial harassment, wage discrimination, and retaliation, summary judgment for employer is affirmed where: 1) there is no genuine issues of fact with respect to the existence of racial harassment; 2) plaintiff failed to satisfy the fourth element regarding disparate wage treatment because he adduced no evidence that higher paid workers were similarly situated; and 3) plaintiff failed to present evidence that he suffered an adverse employment action because he engaged in an activity protected by Title VII.

Sherwood v. Marquette Transp. Co., LLC

Mon, 23 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Admiralty, Civil Procedure, Contracts, Dispute Resolution & Arbitration, Government Law, Injury And Tort Law, Labor & Employment Law) In plaintiff's suit against his employer under the Jones Act and general maritime law for injuries he suffered while working as a deckhand, defendant-employer's appeal of a district court's denial of its motion to stay the suit in favor of arbitration is dismissed for lack of jurisdiction under 9 U.S.C. section 16(a)(1)(A) as: 1) section 16 is part of the Federal Arbitration Act, and as such, under the language of section 1, does not apply to any employment contract involving a seaman; and 2) section also is inapplicable, and defendant's motion for a stay did not rely on it.

Lee v. Astoria Generating Co.

Mon, 23 Nov 2009 15:00:02 PDT

(N.Y., Admiralty, Government Benefits, Injury And Tort Law, Labor & Employment Law) In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division's order reversing summary judgment for defendants is reversed where a barge containing an electricity generating turbine is a vessel under 33 U.S.C. section 905(b) of the Longshore and Harbor Workers' Compensation Act, and that provision preempted plaintiff's New York State Labor Law sections 240(1) and 241(6) claims.

Godfrey v. Spano

Mon, 23 Nov 2009 15:00:02 PDT

(N.Y., Constitutional Law, Family Law, Government Benefits, Government Law, Labor & Employment Law) In a state constitutional challenge to two directives by executive and county officials that recognize out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits, dismissal of the complaint is affirmed where plaintiffs failed to specify a circumstance where taxpayer funds were expended as a result of the executive order at issue that would not have been expended in the absence of the order.

Scruggs v. Garst Seed Co.

Fri, 20 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Administrative Law, Civil Rights, Corporation & Enterprise Law, Labor & Employment Law) In an action raising claims of retaliation and a hostile work environment, summary judgment in favor of plaintiff's former employer is affirmed where: 1) the company did not retaliate against plaintiff for filing the discrimination charge when it eliminated her position as it was eliminated by a company-wide restructuring; 2) although plaintiff claims that the company also retaliated against her when it did not hire her for one of the open positions after the restructuring, it hired the person who had previously held the position; and 3) the relatively isolated gender-based comments and remarks plaintiff's supervisor directed toward her were not sufficiently severe or pervasive to rise to the level of a hostile work environment.

Narricot Indus., LP v. NLRB

Fri, 20 Nov 2009 20:00:02 PDT

(U.S. 4th Cir., Administrative Law, Civil Procedure, Labor & Employment Law) Petitioner's request for review of a decision of the NLRB (Board), arising from allegations of various unfair labor practice charges, is denied where: 1) the Board decision was properly issued by a two-member quorum pursuant to 29 U.S.C. section 153(b); and 2) the Board's decision is enforceable on the merits.

PPG Indus., Incorp. v. Int'l Chem. Workers Union Council of the United Food and Commercial Workers

Fri, 20 Nov 2009 20:00:02 PDT

(U.S. 4th Cir., Administrative Law, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) District court's order vacating an arbitrator's award in favor of a union on the ground that the arbitrator exceeded his authority by adding a term to the underlying contract is reversed and remanded as, even if the arbitrator erred, he acted within the scope of his authority under the contract.

Davis v. J.P. Morgan Chase & Co.

Fri, 20 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Administrative Law, Banking Law, Labor & Employment Law) In an action challenging a bank's categorization of underwriters as administrative employees exempt from the Fair Labor Standard Act's overtime pay requirements, summary judgment for defendant is reversed where plaintiff's work was not related either to setting "management policies" nor to "general business operations" such as human relations or advertising, 29 C.F.R. section 541.2, but rather concerned the "production" of loans 150- the fundamental service provided by the bank.

Fleming v. Yuma Reg. Med. Ctr.

Thu, 19 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Civil Rights, Health Law, Labor & Employment Law) In an action for employment discrimination based on plaintiff's disability, summary judgment for defendant is reversed where Section 504 of the Rehabilitation Act, 29 U.S.C. section 794, extends to a claim of discrimination brought by an independent contractor because the Rehabilitation Act covers all individuals "subject to discrimination under any program or activity receiving Federal financial assistance."

EEOC v. United Parcel Serv., Inc.

Thu, 19 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Civil Procedure, Civil Rights, Labor & Employment Law) In the EEOC's appeal from a denial of its petition to enforce an administrative subpoena issued to UPS seeking information about how religious exemptions to UPS's Uniform and Personal Appearance Guidelines were handled nationwide, the order is reversed where the district court, in finding that national information was not relevant to the charges being investigated by the EEOC, applied too restrictive a standard of relevance.

Barboza v. West Coast Digital GSM, Inc.

Thu, 19 Nov 2009 20:00:02 PDT

(Cal. App., Attorney's Fees, Class Actions, Ethics & Professional Responsibility, Labor & Employment Law) In a class action lawsuit brought by former employees alleging unlawful wage deductions, failure to pay overtime and other employment violations, class counsel's obligations to the class do not end with the entry of judgment and his obligations continue until all class issues are resolved, which may include enforcement of the judgment.

Dowell v. Pacesetter, Inc.

Thu, 19 Nov 2009 20:00:02 PDT

(Cal. App., Civil Procedure, Contracts, Government Law, Labor & Employment Law) In plaintiffs' suit against the defendant to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, trial court's ruling that the clauses were facially void under Business and Professions Code section 16600 and that their use violated California's Unfair Competition Law and that defendant's unclean hands defense and its cross-complaint for unfair competition failed as a matter of law is affirmed where: 1) the trial court properly determined that the clauses were void as a matter of law, that no defense applied and that the cross-complaint failed to state a cause of action; and 2) trial court did not abuse its discretion in denying a permanent injunction and costs

Bandak v. Eli Lilly & Co. Retirement Plan

Wed, 18 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Administrative Law, Drugs & Biotech, ERISA, Labor & Employment Law) Judgment in favor of plaintiff in his ERISA suit against his former employer's retirement plan is affirmed as defendant's rejection of plaintiff's claim was not substantially justified in reducing his benefits under a 1997 amendment after he transferred from the United Kingdom to the US affiliate.

Windross v. Barton Protective Serv., Inc.

Tue, 17 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Administrative Law, Civil Procedure, Evidence, Labor & Employment Law) In plaintiff's employment discrimination, retaliatory harassment, and hostile work environment action against his former employer, summary judgment for defendant is affirmed where: 1) the district court did not err in holding that the continuing violation doctrine is not available to plaintiff to overcome his time-barred claims; 2) it did not err in its concluding that there was no evidence of pretext in plaintiff's disciplining, suspension, or termination; and 3) district court acted within its discretion in denying plaintiff's motion to amend and motion for reconsideration as his hostile work environment claim was time-barred.

Brown v. J.B. Hunt Transp. Servs., Inc.

Tue, 17 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., ERISA, Health Law, Labor & Employment Law) In an ERISA action based on the discontinuation of plaintiff's long-term disability (LTD) benefits, summary judgment for defendant is affirmed in part where defendant-insurer could not be held liable for statutory penalties because 29 U.S.C. section 1132(c) only provided a cause of action against plan administrators. However, the order is reversed in part where defendant's failure to comply with its duty under section 1133(2) to provide plaintiff with "a reasonable opportunity for a full and fair review" of defendant's decision to discontinue plaintiff's LTD benefits excused plaintiff's failure to exhaust before bringing suit under section 1132(a).