DISCRIMINATION ~ RETALIATION *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
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of Fair Labor Standards Act overtime wage claims as barred by res judicata) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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/RetaliationSanchez v. US Department of Energy (10th Circuit, September 11, 2017) (vacating judgment on the pleadings as to Sanchez’s failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)Wages*Jimenez and Bustillos v. Board […]
Unemployment AppealsMigenes v. Department of Workforce Services (Utah Ct. App., June 23, 2016) (affirming determination of fraud in overpayment of benefits)WagesEncino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation […]
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 […]
Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]
The Tenth Circuit Court of Appeal concluded that an oil field operator who had sought advice from an attorney about its overtime policies had still wilfully violated the statute when it relied in part on that advice. In Mumby v. Pure Energy Services (USA), Inc., the Court ruled that “[a]lthough consultation with an attorney may help prove […]
The Employment Standards Administration Wage and Hour Division recently issued a new opinion letter in which it decided that an employer need not compensate an on-call employee who was required while on-call to be reachable at all times, abstain from alcohol or other substances, and report to work within one hour of notice to return. […]
