Cases — November 29th through December 5th

admin - December 12, 2015 - Department of Workforce Services, Discrimination, Fair Labor Standards Act (FLSA), Labor Union, Retaliation, Tenth Circuit, Unemployment, Unemployment Compensation

Discrimination / Retaliation

*Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity)

Labor Unions

*International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations Act by removing employee’s name from the work-eligible employees, refusing to allow her to see the list, refusing her reregistration, and refusing to stamp her unemployment book)

Unemployment Appeals

Neckel v. Department of Workforce Services (Utah Ct. App., December 3, 2015) (upholding denial of unemployment benefits because substantial evidence supported the Board’s factual determinations and the decision fell within the bounds of reasonableness and rationality)

*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.