Posts Tagged ‘Tenth Circuit Court of Appeals’

Working on the Sabbath

Religious accommodation need not be employee’s preferred accommodation

Just as employers have a legal duty to reasonably accommodate employees’ disabilities, they also have an obligation to reasonably accommodate employees’ religious practices. Employers often struggle with determining what is reasonable, particularly when the employee requests an accommodation different than what the employer has offered. Recently, the Tenth Circuit clarified that a religious accommodation can…

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Work schedule conflict leads to religious accommodation lawsuit

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue hardship” is often a high hurdle for employers. While a number of religious discrimination lawsuits in recent years have focused on…

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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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