ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]
Workers’ Compensation ~ Occupational Safety & Disease Peabody Twentymile Mining, LLC, v. Secretary of Labor (10th Cir., July 18, 2019) (vacating safety violation citation because Twentymile’s construction method was “traditionally accepted” by the Mine Health and Safety Administration)
Wages Dish Network, L.L.C., v. Ray (10th Cir., August 21, 2018) (affirming denial of Dish Network’s petition to vacate class arbitration award)Workers Compensation/Occupational Safety and DiseaseF.H. Coatings, LLC, v. Acosta (10th Cir., August 20, 2018) (affirming OSH commission order penalizing F.H. Coatings for violation of the Occupational Safety and Health Act, resulting in the death of […]
Discrimination/Retaliation*Peavy v. Labor Source, LLC (10th Cir., June 26, 2018) (affirming denial of Peavy’s “collateral attack” on dismissal of his discrimination suit from 2015: he presented no fact or law permitting reversal) Labor Unions Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S., June 27, 2018) (States and public-sector unions may not […]
Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]
The Utah Supreme Court issued two cases on Tuesday that reversed the Utah Labor Commission’s interpretation of the Utah Occupational Disease Act. The Labor Commission had interpreted the act to provide that an employer was required to reimburse 100% of an employee’s medical expenses for a condition caused by an occupational disease even if the […]
In Ramsey Winch Inc. v. Henry, the Tenth Circuit (the federal court having jurisdiction over Utah) ruled last week that a district court had erred when it held that a newly enacted Oklahoma statute making it a criminal offense for employers to prohibit employees from storing firearms in their vehicles on company parking lots was […]
