Wages Tyson Foods, Inc. v. Bouaphakeo, et al. (U.S., March 22, 2016) (affirming certification of employees as a class for purposes of a class action regarding payment for time spent donning and doffing essential protective gear. Time determination based on statistical sampling was appropriate)
Discrimination / Retaliation*Lewis v. Twenty-First Century Bean Processing (10th Cir., January 5, 2016) (affirming summary judgment in favor of defendant on plaintiff’s age- and race-discrimination claims)WagesNesbitt v. FCNH, Inc. (10th Cir., January 5, 2016) (affirming the district court’s order denying defendant FCNH’s motion to stay the proceedings and to compel arbitration)Workers’ Compensation*Lynn v. Colvin (10th Cir., January […]
Discrimination/Retaliation *Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon) Unemployment Appeals Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction) Yudin v. Department of Workforce Services (UtahCt. App., […]
WAGES *Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery) DISCRIMINATION/RETALIATION *Winters v, Board of County Commissioners of Muskogee County, Oklahoma (10th Cir., December 10, 2015) (reversing summary judgment in the […]
Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)
Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]
ERISA Tibble v. Edison International (U.S., May 18, 2015) (vacating 9th-Circuit decision as to six-year statute of limitations, because fiduciary has a continuing obligation to review and discard imprudent investments) Wages Baker v. Labor Commission (Utah Ct. App., May 21, 2015) (setting aside decision below because petitioner’s withdrawal of her wage claim came after respondent’s […]
Contract/Noncompete/Trade Secret/Wrongful Termination Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney’s fees) Discrimination Hare v. Donahoe (10th Cir., May 4, 2015) (affirming dismissal, under Rule 12(b)(6), […]
Miscellaneous Perez v. Mortgage Bankers Association (U.S. March 9, 2015) (holding the doctrine of Paralyzed Veterans of America v. DC Arena, L.P. (17 F.3d 579) imposes an improper burden on agency rulemaking) Contract/Noncompete David v. Sirius Computer Solutions, Inc. (10th Cir., March 10, 2015) (remanding for award of prejudgment interest on negligent misrepresentation regarding Ms […]
Labor Unions M&G Polymers USA, LLC v. Tackett (U.S., January 26, 2015) (vacating the judgment of the Sixth Circuit with instructions to employ “ordinary principles of contract law” to provisions regarding retired employees) Discrimination and Retaliation Meyers v. Eastern Oklahoma County Technology Center (10th Cir., January 28, 2015) (affirming summary judgement in the absence of […]
