HB 11 — Blood Alcohol Limit Amendments: amends the Workers’ Compensation Act regarding an employee’s blood or breath alcohol concentration. HB 12S2 — Abusive Conduct Reporting Amendments: addresses abusive conduct among state government employees, requiring an investigation if an abusive conduct complaint is made. HB 15 — Labor Commission Amendments: amends the Utah Labor Code […]
Wages Jordan v. Maxim Healthcare Services, Inc. (10th Cir., February 19, 2020) (reversing judgment in favor of Jordan et al. on their overtime claim: Colorado law carves out several exemptions from overtime wage requirements, including “companions,” even those employed by third parties)
Discrimination ~ Retaliation *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Discrimination ~ Retaliation Greer v. City of Witchita (10th Cir., December 3, 2019) (reversing summary judgment in defendants’ favor on Greer’s claims under the Uniformed Services Employment and Reemployment Rights Act: the factfinder could reasonably infer that military status motivated denial of interview, and that Greer would have obtained interview had she not been military) […]
Discrimination ~ Retaliation *Lu v. University of Utah (10th Cir., October 29, 2019) (affirming dismissal of Lu’s retaliation, racial and national-origin discrimination, and ADA claims: Lu identified no cogent basis on which to reverse the district court’s dismissal) Wages Vander Veur v. Groove Entertainment Technologies (Utah, October 29, 2019)(reversing court of appeals: the covenant of […]
ERISA *Caldwell v. Unum Life Insurance (10th Cir., September 18, 2019) (affirming rejection of claim under ERISA that Unum had improperly denied accidental death benefits based on policy exclusion for losses resulting from an attempt to commit a crime”) Wages Kenney v. Helix TCS, Inc. (10th Cir., September 20, 2019) (affirming denial of Helix’s motion […]
Wages *Sullivan v. Da Vita Healthcare Partners, Inc. (10th Cir., July 2, 2019) (affirming dismissal of Fair Labor Standards Act overtime wage claims as barred by res judicata) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination ~ Retaliation *Smith v. U.S. Department of Labor (10th Cir., June 12, 2019) (dismissing, as untimely, Smith’s petition for judicial review of his unsuccessful complaint under the Surface Transportation Assistance Act) Wages Parker Drilling Management Services, Ltd., v. Newton (U.S., June 10, 2019) (holding that, where federal law addresses a relevant issue—in this case, […]
Workers Compensation ~ Occupational Safety and Disease Rockwood Casualty Insurance Company v. Director, OWCP (10th Cir., March 5, 2019) (denying Rockwood’s petition for review of award of black lung benefits: substantial evidence supported the ALJ’s substantive benefits determination) Wages BNSF Railway Co. v. Loos (U.S., March 4, 2019) (A railroad’s payment to an employee for […]
