Posts Tagged ‘Tenth Circuit Court of Appeals’

Retaliation 101

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation. Worker sues after failing competency test and losing position In Pittman v. American Airlines, Inc., employee Anna Pittman filed suit after being rejected for a hazardous…

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Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount. Employees were already being paid more than minimum wage Employee Bridgette Marlow brought suit against her employer, The New Food…

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What not to do in wage and hour investigations

Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on how not to handle a Department of Labor investigation, here it is. It will make you cringe. El…

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Court rules employer not able to accommodate pregnant employee

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or work limitations. Pregnant employee can’t perform essential job requirement Stacey Jackson worked as an operator at a fertilizer plant owned…

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Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must establish the individual did not meet requirements that were explained, essential to the position, and uniformly applied to all candidates. Truck driver successfully battles cancer Mark…

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Lessons in dealing with an ‘equal opportunity’ harasser

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace. Animal shelter scene of ‘real-life soap opera’ For approximately 10 years, plaintiff Karen Bird worked for the West Valley City, Utah, animal shelter. Approximately a year after she was…

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Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he suffered a hostile work environment and was terminated because of racial discrimination. Injured employee fired for refusing to…

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Attack on waivers of class action claims

Some companies ask their employees to sign arbitration agreements requiring them to arbitrate any disputes about their employment, rather than filing a lawsuit against the employer in a state or federal court. A few years ago, the U.S. Supreme Court held that waivers of class action claims in non-employment settings were enforceable. That led to…

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