Tenth Circuit – Page 19

Cases — March 12th through 18th

admin - March 18, 2017 - Arbitration, Disability, Labor Union, Tenth Circuit, Workers Compensation

Labor Unions*Society of Prof’l Eng’g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems: an individual employee’s grievance (challenging company-wide policy) was in fact subject to arbitration under the parties’ collective bargaining agreement)Workers Compensation/Occupational Safety and Disease *Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial […]

Employers of Tipped Employee’s Beware: You May Be Calculating Minimum Wage Wrong!

D. Scott Crook - March 15, 2017 - Fair Labor Standards Act (FLSA), Minimum Wage, Tenth Circuit

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.” […]

Employers Can Rest A Bit Easier: EEOC Subpoena Power Does Have Limits

D. Scott Crook - March 8, 2017 - Americans with Disabilities Act (ADA), Discrimination, Pregnancy, Pregnancy Discrimination Act (PDA), Tenth Circuit

In a decision issued on February 27, 2017, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that an employer justifiably refused to comply with an EEOC subpoena that sought information in an investigation into company-wide discrimination spurred by what the EEOC alleged was a company’s admission of wrongdoing […]

Cases — February 26th through March 4th

admin - March 8, 2017 - Disability, Discrimination, EEOC, Pregnancy Discrimination Act (PDA), Procedure, Tenth Circuit

Discrimination/RetaliationEEOC v. Tricore Reference Laboratories (10th Cir., February 27, 2017) (affirming federal district court refusal to enforce a subpoena seeking disclosure of information as to individual’s charge of disability and pregnancy discrimination)Workers Compensation/Occupational Safety and DiseaseVallejo v. Berryhill (10th Cir., February 28, 2017) (remanding disability decision to the district court to address remaining arguments and […]

February 12th through 18th

admin - March 5, 2017 - Discrimination, Jurisdiction, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Discrimination/Retaliation *Chaney v. Wal-Mart Stores, Inc. (10th Cir., February 14, 2017) (affirming dismissal with prejudice for failure to file amended complaint because there was no abuse of discretion, and claims of potential bias were entirely speculative) *Huggins v. Reilly (10th Cir., February 15, 2017) (affirming summary judgment in favor of defendant on inmate Huggins’ s.1983 discrimination and retaliation employment […]

Cases — February 5th through 11th

admin - March 1, 2017 - Drug Testing, Insurance, Public Employees, Tenth Circuit, Utah Court of Appeals, Wages, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful Termination Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County’s random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right) Public Employees/Employers Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to […]

Cases — January 22nd through 28th

admin - January 28, 2017 - Disability, Discrimination, Procedure, Public Employees, Retaliation, Summary Judgment, Tenth Circuit, Unemployment, Utah Court of Appeals, Workers Compensation

Discrimination/Retaliation *Johnson v. Oklahoma Department of Transportation (10th Cir., January 27, 2017) (affirming denial of 60(b) motion for relief from judgement, the purpose of which is not to relitigate the underlying case) *Cvancara v. Reams (10th Cir., January 23, 2017) (affirming summary judgment on Cvancara’s first-amendment retaliation claim, because she was merely airing personal grievances) Public Employers/Employees […]

Cases — January 15th through 21st

admin - January 25, 2017 - Discrimination, Procedure, Retaliation, Tenth Circuit

Discrimination/Retaliation DeWitt v. Southwestern Bell Telephone Co. (10th Cir., January 18, 2017) (affirming summary judgement in favor of Southwestern Bell: even if DeWitt made a prima facie retaliation case, Southwestern Bell had a legitimate, nonretaliatory, nonpretextual reason for terminating her)

Cases — January 8th through 14th

admin - January 21, 2017 - Americans with Disabilities Act (ADA), Discrimination, Procedure, Tenth Circuit

Discrimination/Retaliation*Johnston v. Mini Mart, Inc. (10th Cir., January 9, 2017) (affirming summary judgement in favor of Mini Mart on Johnston’s ADA claim; Johnston raised no genuine issues of material fact)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, […]

Cases — December 4th through 10th

admin - December 16, 2016 - Age Discrimination in Employment Act (ADEA), Constructive Discharge, Disability, Discrimination, Hostile Work Environment, Labor Union, Retaliation, Suspension, Tenth Circuit

Discrimination/Retaliation*Stapp v. Curry County Board of Commissioners (10th Cir., December 6, 2016) (affirming summary judgement for Curry County on Stapp’s Age Discrimination claims: constructive discharge, hostile work environment, and retaliation)*Dye v. Moniz (10th Cir., December 6, 2016) (affirming summary judgment in favor of Moniz on Dye’s disability discrimination and hostile work environment claims because the undisputed […]