On March 16, 2011, the Tenth Circuit overruled a district court decision that dismissed a discrimination claim brought by a former union member. The district court had determined that, because the former employee and union member had participated in a union arbitration of an anti-discrimination contract clause that had required the arbitrator to analyze the […]
In Staub v. Proctor Hospital, an opinion issued today, the United States Supreme Court ruled that an employer can be liable for a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) even if the supervisor who ultimately made the decision to discipline an employee was not motivated by anti-military animus. The Court […]
The Tenth Circuit Court of Appeal concluded that an oil field operator who had sought advice from an attorney about its overtime policies had still wilfully violated the statute when it relied in part on that advice. In Mumby v. Pure Energy Services (USA), Inc., the Court ruled that “[a]lthough consultation with an attorney may help prove […]
In Sarkar v. McCallin, the Tenth Circuit affirmed a trial court’s decision to dismiss a case that a Chief Information Officer brought against his former employer. The CIO argued, among other things, that he was dismissed for exercising his First Amendment rights in complaining about the contract performance of one of the computer software vendors providing services […]
On February 18, 2011, the Utah Supreme Court upheld a trial court’s ruling that a mayor who had been charged with criminal conduct could bring a claim against the city in which he served for reimbursement for his attorney fees based on the Utah Reimbursement Statute, Utah Code Ann. Section 52-6-201(1), when he was found not […]
In two cases decided on Thursday, February 11th, the Utah Court of Appeals affirmed decisions of the Workforce Appeals Board. In Konan v. DWS, the Utah Court of Appeals affirmed a fraud overpayment finding against a claimant who was required to repay the amount he received and to pay a statutory penalty. The man who […]
In Fryer v. Coil Tubing Services, the Tenth Circuit Court of Appeals affirmed a trial court’s decision dismissing an employee’s Americans with Disabilities Act (ADA) claim. In this case, the employee disclosed to his employer that he suffered from Hepatitis C. The human resource manager he discussed the disease with admitted she was unaware of […]
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