In a decision published on March 7th, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that a trial court judge had incorrectly dismissed a case in which an employee claimed she was denied minimum wage on portions of her work that were not entitled to a “tip credit.” […]
Miscellaneous Brown v. Perez (10th Cir., August 29, 2016) (reversing summary judgment against plaintiffs—federal employees eligible for workers compensation—because genuine issues of critical fact existed) Heartwood Home Health and Hospice v. Huber (Utah Ct. App., September 1, 2016) (dismissing motion for rule 11 sanctions in a case involving claims of breach-of-confidentiality and -loyalty, intentional interference with […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Kontgis v. Salt Lake City Corporation (10th Cir., April 18, 2016) (affirming summary judgment in favor of SLC Corp. on Kontgis’s wrongful termination claim because she had had the due process for which the law provided) Discrimination and Retaliation Walton v. Powell (10th Cir., April 19,2016) (affirming district court because firing a civil service […]
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)
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 […]
Discrimination / Retaliation *Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity) Labor Unions *International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations […]
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 […]
Discrimination/Retaliation McDonald v. The Boeing Company (10thCir., March 3, 2015) (affirming summary judgment in favor of Boeing becauseMcDonald could show no pretext for his termination) McCauley v. Board of Commissioners forBernalillo County (10th Cir., March 2, 2015) (affirming summaryjudgment on age discrimination and retaliation claims) Wages Ellis v. J.R.’s Country Stores, Inc. (10th Cir., March […]
On April 30, 2014, the United States Senate rejected a motion to end debate and force a final vote on the so-called Minimum Wage Fairness Act—a legislative cause celebre for the Democratic Senate majority and House minority, to say nothing of the Obama White House. The Bill would have raised the federal minimum wage from […]
As many employers know, July 24th is an important date. Due to amendments that occurred within the last couple of years, the minimum wage payable to employees will be increasing on that date. On July 24, 2009, the rate will increase to $7.25 per hour.
