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Labor & Employment Law |  | | April 04-08, 2011 FindLaw.com Weekly Labor & Employment Law Newsletter | | You may forward this e-mail in its entirety.
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Labor & Employment Law United States Third Circuit, 04/05/2011
Henderson v. UPMC, No. 10-1377
In a labor and employment dispute involving the scope of the records-keeping provision of the ERISA, 29 U.S.C. section 1059(a)(1), Rule 12(b)(6) dismissal by district court on the ground that the ERISA only required records of wages paid and not hours worked, is affirmed where the plain language of the relevant pension plan imposed no duty on defendant to maintain records of hours worked. Read more... United States Fourth Circuit, 04/06/2011
Adams v. The Trustees of UNCW, No. 10-1413
In a Title VII action alleging retaliation, religious and speech-based discrimination in relation to the decision not to promote plaintiff to the position of full professor, summary judgment in favor of defendants is affirmed in part and reversed in part where district court properly held that plaintiff failed to satisfy his burdens under both Hill v. Lockheed and McDonnell-Douglas, but erred in its McVey analysis of the First Amendment claim. Read more... United States Ninth Circuit, 04/04/2011
Zeinali v. Raytheon Co., No. 09-56283
In a labor and employment dispute involving a claim of discriminatory termination under the the FEHA, Cal. Gov. Code sectoin 12940 et seq, judgment of the district court dismissing claim for lack of subject matter jurisdiction is reversed where court had jurisdiction because plaintiff did not dispute the merits of an executive branch decision denying him security clearance, but instead, disputed the bona fides of a professed security clearance requirement while introducing evidence to satisfy his pleading burdens under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973). Read more...
California Court of Appeal, 04/07/2011
Sullivan v. Centinela Valley H.S. Dist., No. B219524
In a dispute involving the scope of Education Code section 44929.21, judgment denying petition for a writ compelling defendant to reinstate petitioner as a full-time employee on the basis that section 44929.21(b) notice was untimely is affirmed, because a probationary teacher may not assert failure of service under section 44929.21(b) when he avoids service where, under the circumstances, it reasonably can be inferred that he did so with knowledge of the non-retention decision. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of Robert Thomas Woods, No. 54
In an Article 78 dispute involving the scope of Military Law section 243(7) and the rights of a wait-listed civil service applicant who was on military duty when his name was reached for appointment as a New York City firefighter, judgment of the appellate court is reversed because section 243 (7) required respondent to place petitioner on a "special eligible list" from which he could be certified for appointment at the end of his military duty. Read more...
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