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Labor & Employment Law |  | | April 11-15, 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 First Circuit, 04/11/2011
Robidoux v. Muholland, No. 10-2031
In an injury and tort action arising from injuries plaintiff suffered while working at a construction site in Rhode Island, summary judgment in favor of defendant is reversed where Massachusetts Workers Compensation Act applies and does not bar claims. Read more... United States Third Circuit, 04/13/2011
Helen Mining Co. v. Obush, No. 09-3438
In a petition for review of a decision awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, petition is denied where claim by retiree sixteen years after he last worked for petitioner was not time-barred because a medical determination of total disability due to pneumoconiosis predating a prior, final denial of benefits is deemed a misdiagnosis and thus, cannot trigger the statute of limitations for filing a subsequent claim. Read more... United States Ninth Circuit, 04/12/2011
Bobadilla-German v. Bear Creek Orchards, Inc., No. 10-35205
In a labor dispute involving whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by state statute, judgment of the district court is affirmed in part and vacated in part because on the facts of the case, on-site housing costs cannot be credited toward the minimum wage and where workers were entitled to pay the last workday, rather than the following day. Read more...
California Court of Appeal, 04/14/2011
Wills v. Superior Court of Orange County, No. G043054
In a dispute involving the scope of the Fair Employment and Housing Act (FEHA), summary judgment in favor of the defendant is affirmed where plaintiff failed to exhaust her administrative remedies as to five of her six causes of action, and the remaining cause of action fails because an employer may reasonably distinguish between disability caused misconduct and the disability itself when the misconduct includes threats or violence against coworkers. Read more...
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