In McLeod v. Retirement Board, the Utah Court of Appeals refused to reverse the Utah State Retirement Board’s decision that a Davis County sheriff deputy’s “retirement benefits from two periods of public employment must be calculated separately.” The Court disagreed that the plain language of the statute required the Board to treat the two separate periods as […]
In Chamber of Commerce v. Whiting, the United States Supreme Court determined that an Arizona law enacted in 2007 that allows Arizona courts to suspend or revoke licenses to do business in Arizona if an employer knowingly or intentionally employs an unauthorized alien and requires all employers in the state to use E-verify was not […]
In InnoSys, Inc. v. DWS, the Utah Court of Appeals upheld an Administrative Law Judge’s [ALJ’s] determination to grant a discharged employee unemployment insurance. One of the issues before the court was whether the ALJ had improperly denied a motion for continuance because a witness was confined to bed because of her medical condition. In […]
In Borde v. Board of County Commissioners, the Tenth Circuit Court upheld a trial court’s order denying immunity to County Commissioners for violating former employees’ due process rights when, among other things, they failed to put on the agenda of the meeting that they would be considering the employment contract of the employees. Stating that […]
In Stampin’ Up, Inc. v. Labor Commission, the Utah Court of Appeals affirmed the Labor Commission’s finding that an employee was entitled to temporary disability benefits after he was fired for distributing pornographic images to other employees. Reasoning that, because there was no evidence that the employee had not intended his acts to get him fired, the […]
In EEOC v. C.R. England, Inc., the 10th Circuit Court of Appeals affirmed the dismissal of a case brought by an HIV-positive truck driver. The truck driver, who had been hired to train new truck drivers for C.R. England, Inc., disclosed his HIV-positive status to C.R. England. After doing so, C.R. England prepared a form that […]
In Kline v. Utah Anti-Discrimination and Labor Division, the Tenth Circuit Court of Appeals refused to overturn a Utah District Court’s ruling that the Utah Anti-Discrimination and Labor Division (UALD)—the agency charged with investigating claims of discrimination in Utah—did not illegally discriminate against one of its former discrimination investigators. Concluding that the UALD acted appropriately […]
On March 16, 2011, the Tenth Circuit overruled a district court decision that dismissed a discrimination claim brought by a former union member. The district court had determined that, because the former employee and union member had participated in a union arbitration of an anti-discrimination contract clause that had required the arbitrator to analyze the […]
In Staub v. Proctor Hospital, an opinion issued today, the United States Supreme Court ruled that an employer can be liable for a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) even if the supervisor who ultimately made the decision to discipline an employee was not motivated by anti-military animus. The Court […]
The Tenth Circuit Court of Appeal concluded that an oil field operator who had sought advice from an attorney about its overtime policies had still wilfully violated the statute when it relied in part on that advice. In Mumby v. Pure Energy Services (USA), Inc., the Court ruled that “[a]lthough consultation with an attorney may help prove […]
