MHTL Monthly Labor/Employment/Benefits Update Useful Cases And Updates - April 1, 2004
MHTL Monthly Labor/Employment/Benefits Update Useful Cases And Updates - April 1, 2004
MISTAKE OF THE MONTH
Do Not Let These Things Drag On - Dithering for years in transferring and accommodating an employee is not a good idea.
THE HARSHBARGER REPORT
Navigating The New Governance Terrain - Here are a few relatively simple steps to take that will help keep your organization ahead of the curve.
AT THE SUPREME COURT
Supreme Court Accepts ADEA “Disparate Impact” Case - Whether or not a claim of “disparate impact” discrimination can be brought under the Age Discrimination in Employment Act, an issue on which the circuit courts are hopelessly divided.
High Court Also Agrees To Decide Whether Contingent Attorney’s Fee Is Gross Income To A Prevailing Plaintiff - Whether or not that portion of a case settlement used to pay an attorney’s contingent fee constitutes “gross income” which a settling party must include in gross income.
Supreme Court Hears HMO Preemption Cases - Whether or not ERISA restricts the ability of HMO participants to sue the HMO for negligence under state laws.
OTHER EMPLOYMENT LAW HEADLINES
Supreme Court “Failure To Rehire” Remand Case Decided Again By 9 th Circuit -On remand, 9 th Circuit decides it was right in the first place.
Don’t Mess With Those HR People - Being “regarded as” being unable to work at all, not just in one job or just temporarily while convalescing, satisfied the “regarded as” prong of the ADA’s disability definition.
Office Romances Can Be Trouble - Not exactly inspiring confidence in your State Police Department.
Shelving Books May Not Be Essential Function Of Harvard Research Librarian's Job - Reference librarian with arthritis claimed principal job duties were research oriented.
Fired Workplace Proselytizer Has No Religious Discrimination Claim - “Pastoral counseling” was not within the plaintiff’s job description.
NIOSH Posts Workplace Health And Safety Guide On Website - New guide for employers with guidance on how to evaluate workplace safety and health changes.
Update On New Wage/Hour Regulations - The saga continues.
EEOC Publishes Internet Job “Applicant” Guidance - Trying to catch up to the internet boom.
WAGE & HOUR/FMLA DEVELOPMENTS
1st Circuit Rejects DOL Interpretation Of “Workday” In FLSA Case - Walking to work stations and waiting in line to punch in is not compensable under FLSA, according to the 1st Circuit, rejecting view of DOL.
Insurance Agents Were Exempt Administrative Employees, Not “Production” Employees - Plaintiffs earned $122,770/year on average, but claimed they were “production” employees entitled to overtime.
ON THE EMPLOYEE BENEFITS FRONT
Employee Whose Only “Disability” Was An Inability To Work With Specific Co-Workers Was Not Disabled Under Disability Pension Plan - Plaintiff was not disabled where undisputed medical evidence showed that while she could not work with two specific individuals, she could continue her same job as an employee benefit professional under different circumstances.
Plan Administrator Entitled To Use Discretion In Deciding Between Contradictory Medical Evidence - It was within MetLife's discretion to weigh competing medical evidence to determine “disability.”
More “Participant Protective” Plan Document Governs Over Inconsistent SPD - Yet another independent contractor/benefits case.
Retirement Incentive Plan Not Governed By ERISA - Retirement incentive plan not an ERISA plan where it simply acted as a lump-sum grant of age and service credit that could be plugged into the existing pension plan.
Pension Fund Could Suspend Benefits Of Participant Who Engaged In “Prohibited Reemployment” - Retired truck driver owning trucks and trailers was doing more than just leasing them.
ON THE LABOR FRONT
Unilateral Cessation Of Paid Time For Donating Blood Was Unlawful -Time off with pay is a mandatory subject of bargaining.
Looking At Authorization Cards And Having Discussions Was Not “Recognition” Of The Union - Not that you’d want to run the risk.
Board Orders Posting Also Read Aloud To Employees by Board Agent - Well, it’s probably better than a bargaining order.
If you have any questions or comments regarding these updates, please contact Geoffrey P. Wermuth or Kathryn M. Murphy at (617) 479-5000.
