Cases — June 25th through July 1st
*Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger’s due process claim)
Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital’s substance abuse policy is not an implied contract requiring reasonable suspicion of intoxication before drug testing)
Unemployment Appeals
Gibson v. Department of Workforce Services (Utah Ct. App., June 29, 2017) (declining to disturb appeals board’s determination that Gibson quit his position without good cause, making him ineligible for unemployment benefits)
Wages
Marlow v. The New Food Guy, Inc. (10th Cir., June 30, 2017) (Marlow received $12/hour ($4.50 above minimum wage) but demanded her tips under 29 CFR § 531.52 (2011). The 10th Circuit affirmed the district court’s implicit determination that the Department of Labor lacked authority to promulgate such a regulation: “If an employer pays more than the minimum wage without regard to tips, the FLSA does not restrict [its] use of tips. The regulation categorically barring employers from retaining tips is invalid because it exceeded DOL’s authority.”)
*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, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.