Cases --- September 10th through 16th

Discrimination/Retaliation

Sanchez v. US Department of Energy (10th Circuit,

September 11, 2017) (vacating judgment on the pleadings as to Sanchez's failure-to-accommodate claim, based on his dismissal because his Mixed Receptive-Expressive Language Disorder was a threat to national security. But the court affirmed the dismissal of his retaliation, disparate treatment, and procedural due process claims)

Wages

*Jimenez and Bustillos v. Board of County Commissioners (10th Cir., September 14, 2017) (reversing summary judgment for the county on Jimenez's Fair Labor Standards Act claim for overtime for the five minutes she was required to be at work before her shift, but affirming summary judgment for the county in all other respects)

Workers Compensation/Occupational Safety and Disease

Cox v. Labor Commission (Utah Ct. App., September 14, 2017) (setting aside Labor Commission order denying Cox's workers' compensation claim:  the Commission applied the incorrect legal standard, since aggravation of a preexisting condition suffices to establish medical causation in an industrial case)

*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.

Labels: Disability, Discrimination, Fair Labor Standards Act (FLSA), Labor Commission, Overtime, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation, Workplace Injury