Discrimination/Retaliation *Franken v. Bernhardt (10th Cir., February 11, 2019) (affirming dismissal of sexual-orientation discrimination and retaliation complaint by former Yellowstone Park employee: the district court was correct in holding the claims preempted by the Civil Service Reform Act) Bekkem v. Wilkie (10th Cir., February 12, 2019) (affirming summary judgment for Wilkie on Bekkem’s unequal pay […]
You opened a new business. It is taking off. You need to hire somebody quickly. You think you’ve found the perfect person and want to hire him. You quickly realize, however, you don’t know whether to prepare a letter or just make a verbal offer. If you write a letter, what should you include? The […]
Labor Unions*National Labor Relations Board v. Wolf Creek Nuclear Operating Corporation (10th Cir., January 29, 2019) (Granting the Board’s application for enforcement of 2018 decision holding the Buyers were nonmanagerial employees representable by the union)Workers Compensation/Occupational Safety and Disease*Deardorff v. Commissioner, SSA (10th Cir., January 29, 2019) (reversing denial of disability benefits: the ALJ failed to consider […]
Businesses throughout this country—whether small, medium, or large—are busy trying to make money by providing goods and services to their customers and clients. Charities, schools, governmental entities are also trying to provide services to their constituencies to help them. It is fair to say that all such organizations—at least the ones that intend to survive—are […]
Miscellaneous Salt Lake City v. Kidd (Utah, January 23, 2019) (Kidd failed to preserve or to brief her equal protection or First Amendment claims in connection with her conviction for working as an escort without a license) Wages Cummings v. Dean (10th Cir., January 24, 2019) (reversing denial of qualified immunity to Dean, director of Labor […]
WagesNew Prime, Inc., v. Oliveira (U.S., January 15, 2019) (affirming decision that the Federal Arbitration Act excepts from coverage disputes involving “contracts of employment” and that the term “contracts of employment” covers, not just employer-employee relationships, but contracts with independent contractors, as well)Workers Compensation/Occupational Safety and Disease Liberty Mutual Fire Insurance Company v. Woolman (10th Cir., […]
Miscellaneous Culbertson v. Berryhill (U.S., January 8, 2019) (reversing 11th Circuit decision in a disability benefit proceeding under the Social Security Act: The section 406 25% cap applies only to fees for court representation, not to aggregate fees)
Contract/Noncompete/Trade Secret/Wrongful TerminationDTC Energy Group, Inc., v. Hirschfeld (10th Cir., December 28, 2018) (affirming denial of DTC’s motion for preliminary injunction for, inter alia, breach of contract and misappropriation of trade secrets: DTC could not show that Hirschfeld’s ongoing solicitation of DTC clients violated his employment agreement)Workers Compensation/Occupational Safety and DiseaseSchulenberg v. BNSF Railway Company (10th Cir., December 27, […]
