Cases — May 17th through 23rd, 2020

CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION  *Hunter v. HCA (10th Cir., May 18, 2020) (dismissing Hunter’s appeal: because Hunter failed to object to the magistrate’s recommending summary judgment in favor of HCA, he waived his right to appellate review) ERISA *Moon v. Tall Tree Administrators, LLC (10th Cir., May 19, 2020) (affirming denial of benefits under ERISA: the […]

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

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 […]

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United States Supreme Court Agrees that Pension Plan that Pays Benefits based on Unequal Credits Given to Pregnant Women is Lawful.

On Monday, May 18, the United States Supreme Court ruled that a pension plan that paid out benefits to pension receipients based upon calculations that did not equally credit women who had taken pregnancy leave prior to the Pregnancy Discrimination Act (PDA) were not presently violating the Pregnancy Discrimination Act. The Court explained in its […]

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