The Utah Employment Lawyer: Cases --- December 13th through 19th

Discrimination/Retaliation

*Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon)

Unemployment Appeals

Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction)

Yudin v. Department of Workforce Services (UtahCt. App., December 17, 2015) (on appeal, teacher denied unemployment benefits,sought to introduce evidence he did not submit before the ALJ. The court of appeals limited its consideration to the testimony and evidence contained in the agency record)

Wages

Saenz Mencia v. Allred (10th Cir., December 14, 2015) (reversing district court denial of relief---wages for H-2A sheepherders---under the Fair Labor Standards Act)

Workers Compensation/Occupational Safety and Disease

*Rose v. Colvin (10thCir., December 14, 2015) (affirming denial of social security benefits, based upon the ALJ’s credibility determination)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.