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Ward v. Management Analysis Co.
Insurer of employer's employee benefit plan cannot deny benefits for untimely submission of proof of claim.
Labor Law Sep. 9, 1999
Barnes v. WCAB
WCAB may terminate a provisional award of medical treatment more than five years after date of injury.
Labor Law Sep. 7, 1999
Associated Builders and Contractors Inc. v. San Francisco Airports Commission
Prehire agreement for large-scale, complex, public-works construction project, which includes no-strike clause, is constitutional.
Labor Law Sep. 6, 1999
Cuadra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date.
Labor Law Aug. 10, 1999
Prescott v. County of El Dorado
Financial statements accompanying fair-share agency fee notices sent to employees who aren't union members must be audited.
Labor Law Aug. 6, 1999
NLRB v. General Teamsters Local No. 439
Union cannot discipline member for reporting co-worker's misconduct when member is required to do so by employer.
Labor Law Aug. 6, 1999
Craft v. Campbell Soup Co.
Federal Arbitration Act's exclusionary provision doesn't apply to labor contracts within the Commerce Clause's scope.
Labor Law Aug. 6, 1999
Snyder v. Freight Construction General Driver Warehousemen and Helpers
Union's executive board can use union funds to obtain attorney and file action against union official who has violated his fiduciary duties.
Labor Law Aug. 6, 1999
Jacobson v. Clarifying the Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan.
Labor Law Aug. 5, 1999
Leorna v. U.S. Dept. of State
Exhaustion requirement's futility exception is inapplicable absent employment applicant's compliance with federal agency's procedures.
Labor Law Aug. 5, 1999
Coupar v. U.S Dept of Labor
Prisoner isn't 'employee' for whistleblower protection purposes under Clean Air and Toxic Substances Control Acts.
Labor Law Aug. 5, 1999
Buster v. Greisen
Even absent removal jurisdiction, federal court can impose sanctions for frivolous state suit by ERISA fiduciary.
Labor Law Aug. 3, 1999
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced.
Labor Law Aug. 2, 1999
International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of AFL-CIO v. Silver State Disposal Service Inc.
Arbitrator in grievance process isn't barred from amending incomplete decision to award back pay.
Labor Law Jul. 30, 1999
United Public Employees Local 790 v. City and County of San Francisco
Employee's grievance concerning random selection for drug testing is not subject to arbitration.
Labor Law Jul. 29, 1999
Associated Ready Mixed Concrete Inc. v. NLRB
Union's pre-election vow to waive back dues after winning election isn't impermissible 'promise of financial benefit.'
Labor Law Jul. 26, 1999
Crowder v. County of Los Angeles
City Civil Service Commission has power to change deputy sheriff's termination to suspension without pay.
Labor Law Jul. 26, 1999
Vizcaino v. Microsoft Corp.
Employer's concession of employees' misclassification requires remand to plan administrator to determine benefits eligibility.
Labor Law Jul. 20, 1999
California Division of Labor Standards Enforcement v. Dillingham Construction N.A. Inc.
California's prevailing wage law doesn't 'relate to' employee benefit plans and isn't pre-empted by ERISA.
Labor Law Jul. 20, 1999
Ingalls Shipbuilding Inc. v. Director, Office of Workers' Compensation Programs
Injured worker's wife doesn't forfeit death benefits by executing predeath settlements without employer's approval.
Labor Law Jul. 20, 1999
Steen v. John Hancock Life Insurance Co.
Prior action litigating insurance reserve's ERISA status, isn't preclusive in subsequent action by plan trustees.
Labor Law Jul. 19, 1999
Laborers Union Local No. 324 v. NLRB
Union doesn't commit unfair labor practice by barring solicitation and literature distribution in hiring halls.
Labor Law Jul. 19, 1999
Laborers Union Local No. 324 v. NLRB
Union doesn't commit unfair labor practice by barring solicitation and literature distribution in hiring halls.
Labor Law Jul. 19, 1999
Simon Levi Co. Ltd. v. Dun & Bradstreet Pension Services Inc.
Employer's action against pension plan's contract administrator for breach of contract isn't pre-empted by ERISA.
Labor Law Jul. 18, 1999
Motion Picture Studio Teachers & Welfare Workers, Local No. 884, IATSE v. Milan
Regulation requires studio teachers to have both single and multiple subject teaching credentials.
Labor Law Jul. 15, 1999
Booton v. Lockheed Medical Benefit Plan
ERISA-covered health benefit plans must require additional material to make decision on claim before denial.
Labor Law Jul. 10, 1999
Lumpkin v. Brown
City's firing of human rights commissioner who advocated violence against homosexuals doesn't violate First Amendment.
Labor Law Jul. 8, 1999
Ramirez v. Yosemite Water Co. Inc.
'Outside salesperson' excluded from overtime laws, is one who regularly works outside the workplace for more than half the working time involved in sales activities.
Labor Law Jul. 7, 1999
Caudra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date claim is filed.
Labor Law Jul. 5, 1999
Pacesetter Construction Co. Inc. v. Carpenters 46 Northern California Counties Conference Board
Arbitrator can determine arbitrability of dispute between union and contractor absent contractor preserving jurisdiction objection.
Labor Law Jul. 3, 1999