Discrimination/RetaliationMcLane Co., Inc., v. Equal Employment Opportunity Commission (U.S. Supreme Court, April 3, 2017) (reversing 9th Circuit de novo review and reversal of district court refusal to enforce EEOC subpoenas: such a decision must be reviewed for abuse of discretion, not de novo)*Clincy v. Transunion, LLC (10th Cir., April 4, 2017) (affirming summary judgement in […]
WagesCompton v. Houston Casualty Company (Utah, March 23, 2017) (affirming summary judgment in favor of Houston Casualty because the policy at issue only applies when an a real estate agent provides services “for a fee”; here, however, the employee agent was not acting for a fee)
Labor Unions*Society of Prof’l Eng’g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems: an individual employee’s grievance (challenging company-wide policy) was in fact subject to arbitration under the parties’ collective bargaining agreement)Workers Compensation/Occupational Safety and Disease *Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial […]
In a decision published on March 7th, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that a trial court judge had incorrectly dismissed a case in which an employee claimed she was denied minimum wage on portions of her work that were not entitled to a “tip credit.” […]
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 PlansSEC v. DeYoung (10th Cir., March 9, 2017) (affirming district court approval of a settlement including a bar to […]
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 […]
Discrimination/RetaliationEEOC v. Tricore Reference Laboratories (10th Cir., February 27, 2017) (affirming federal district court refusal to enforce a subpoena seeking disclosure of information as to individual’s charge of disability and pregnancy discrimination)Workers Compensation/Occupational Safety and DiseaseVallejo v. Berryhill (10th Cir., February 28, 2017) (remanding disability decision to the district court to address remaining arguments and […]
Discrimination/RetaliationWilliams v. FEDEX Corporate Services (10th Cir., February 24, 2017) (affirming summary judgment for FEDEX on Williams’s regarded-as-disabled claim, but reversing and remanding his disability-related inquiry claim for district court decision) ERISA and Employee Pension PlansKeller Tank Services II, Inc., v. Commissioner of Internal Revenue (10th Cir., February 21, 2017) (affirming summary judgment against Keller […]
Discrimination/Retaliation *Chaney v. Wal-Mart Stores, Inc. (10th Cir., February 14, 2017) (affirming dismissal with prejudice for failure to file amended complaint because there was no abuse of discretion, and claims of potential bias were entirely speculative) *Huggins v. Reilly (10th Cir., February 15, 2017) (affirming summary judgment in favor of defendant on inmate Huggins’ s.1983 discrimination and retaliation employment […]
Contract/Noncompete/Trade Secret/Wrongful Termination Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County’s random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right) Public Employees/Employers Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to […]
