Cases — March 5th through 11th
Discrimination/Retaliation
*Henson v. Amerigas Propane, Inc. (10th Cir., March 10, 2017) (affirming summary judgment in favor of Amerigas: Henson failed to show Amerigas’s stated reasons for firing him were pretexts for unlawfuldiscrimination and retaliation)
ERISA and Employee Pension Plans
SEC v. DeYoung (10th Cir., March 9, 2017) (affirming district court approval of a settlement including a bar to all other claims against the fund custodian by any of the 5500 account owners with a stake in the fund in receivership)
Public Employees
Garling v. EPA (10th Cir., March 7, 2017) (discussion of government employee liability under the Federal Tort Claims Act. Ultimately, the court determined that neither they, nor the court below, had jurisdiction and dismissed the matter)
Wages
Romero v. Top-Tier Colorado, LLC (10th Cir., March 7 2017) (reversing dismissal of Romero’s minimum-wage claim and holding that, to the extent an employee’s tips are relevant in determining whether an employer has satisfied its legal minimum-wage obligations under 29 USC § 206(a), the threshold question is whether the employer can treat those tips as wages under § 203(m). The Tenth Circuit remanded the case to allow the district court an opportunity to answer the question in the first instance.)
*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.
*Henson v. Amerigas Propane, Inc. (10th Cir., March 10, 2017) (affirming summary judgment in favor of Amerigas: Henson failed to show Amerigas’s stated reasons for firing him were pretexts for unlawfuldiscrimination and retaliation)
ERISA and Employee Pension Plans
SEC v. DeYoung (10th Cir., March 9, 2017) (affirming district court approval of a settlement including a bar to all other claims against the fund custodian by any of the 5500 account owners with a stake in the fund in receivership)
Public Employees
Garling v. EPA (10th Cir., March 7, 2017) (discussion of government employee liability under the Federal Tort Claims Act. Ultimately, the court determined that neither they, nor the court below, had jurisdiction and dismissed the matter)
Wages
Romero v. Top-Tier Colorado, LLC (10th Cir., March 7 2017) (reversing dismissal of Romero’s minimum-wage claim and holding that, to the extent an employee’s tips are relevant in determining whether an employer has satisfied its legal minimum-wage obligations under 29 USC § 206(a), the threshold question is whether the employer can treat those tips as wages under § 203(m). The Tenth Circuit remanded the case to allow the district court an opportunity to answer the question in the first instance.)
*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.