Wages

Utah Supreme Court
  1. Encino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. . . servicing automobiles,” and they are thus exempt from the Fair Labor Standards Act’s overtime-payrequirement)
  2. Compton v. Houston Casualty Company (Utah, March 23, 2017) (affirming summary judgment in favor of Houston Casualty because the policy at issue only applies when an a real estate agent provides services "for a fee"; here, however, the employee agent was not acting for a fee)
  3. Heaps v. Nuriche, LLC (UT, January 30, 2015) (Utah Payment of Wages Act---individual managers are not personally liable for wages claimed by employees under the Act)
Utah Court of Appeals
  1. State of Utah v. Rushton (UT Ct. App., July 9, 2015) (affirming Rushton's felony convictions for failure to pay employee wages and remit retirement withholdings)
  2. Baker v. Labor Commission (UT Ct. App,, May 21, 2015) (setting aside decision below because petitioner's withdrawal of her wage claim came after respondent's appeal, depriving the Commission of jurisdiction)
United States Supreme Court

  1. Encino Motorcars, LLC v. Navarro et al. (U.S., June 20, 2016) (vacating Ninth Circuit decision that overtime payment exemption does not apply to service advisers. The Department of Labor failed to provide a reasoned explanation for its departure from existing policy)
  2. Integrated Staffing Solutions, Inc. v. Busk (U.S., December 9, 2014) (Fair Labor Standards Act---Employees’time spent waiting to undergo and undergoing security screenings is not an activity intrinsic to their employment, and thus is not compensable under the FLSA)
  3. Genesis Healthcare Corp.v. Symczyk (U.S. Apr. 16, 2013) (Fair Labor Standards Act—attempt at collective action)
  4. Christopher v. SmithKline Beecham Corp. (U.S. June 18, 2012) (Fair Labor Standards Act—whether pharmaceutical reps are outside salesman)
  5. United States v. Quality Stores, Inc. (Mar. 25, 2012) (whether severance payments are taxable under Federal Insurance Contributions Act)
  6. Kasten v. Saint-Gobain Performance Plastics Corp. (U.S. March 22, 2011) (FLSA claims)
Tenth Circuit Court of Appeals
  1. Johnson v. School District No. 1 (10th Cir., March 28, 2018) (affirming dismissal of Johnson's complaint based on Colorado Supreme Court decision regarding state property interest in salary and benefits)
  2. Acosta v. Paragon Contractors Corporation (10th Cir., March 13, 2018) (affirming conclusions that Paragon engaged in oppressive child labor and that the children were not volunteers, and affirming order for payment of compensation to the children as a compensatory sanction)
  3. Fernandez v. Clean House, LLC (10th Cir., March 2, 2018) (reversing dismissal in favor of Clean House:  Fernandez did not need to anticipate statute of limitations defense; in any case, her allegation of willfulness was adequate)
  4. 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)
  5. Marlow v. The New Food Guy, Inc. (10th Cir., June 30, 2017) (Marlow received $12/hour ($4.50 above minimum wage) but demanded her tips under 29 CFR § 531.52 (2011).  The 10th Circuit affirmed the district court's implicit determination that the Department of Labor lacked authority to promulgate such a regulation: "If an employer pays more than the minimum wage without regard to tips, the FLSA does not restrict [its] use of tips. The regulation categorically barring employers from retaining tips is invalid because it exceeded DOL’s authority.")
  6. Combs v. Jaguar Energy Services, LLC (10th Circuit, March 31, 2017) (affirming summary judgment in favor of Jaguar on Combs's overtime claim because he fell within the Colorado Minimum Wage Order's exemption for "interstate drivers," etc.)
  7. Romero v. Top-Tier Colorado, LLC (10th Cir., March 7  2017) (reversing dismissal of Romero's minimum-wage claim and holding that, to the extent an employee's tips are relevant in determining whether an employer has satisfied its legal minimum-wage obligations under 29 USC § 206(a), the threshold question is whether the employer can treat those tips as wages under § 203(m). The Tenth Circuit remanded the case to allow the district court an opportunity to answer the question in the first instance.)
  8. Perez v. El Tequila, LLC(10th Cir., February 7, 2017) (Affirming judgement in favor of Perez (Secretary of the US Dept. of Labor) on his claims of willful and unlawful withholding of wages and improper and fraudulent reporting)
  9. Sharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)
  10. Deherrera v. Decker Truck Line, Inc. (10th Cir., April 21, 2016) (affirming summary judgment in favor of Decker because plaintiffs were engaged in interstate commerce and therefore exempt from the overtime provisions of the Fair Labor Standards Act)
  11. Castaneda vs. JBS USA, LLC (10th Cir., March 31, 2016) (affirming judgement in favor of JBS regarding compensable time during production breaks)
  12. Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery)
  13. Ellis v. J.R.'s Country Stores, Inc. (10th Cir., March 9, 2015) (affirming summary judgment determination that plaintiff was employed as a manager and as such exempted from the FLSA's overtime requirements)
  14. Albers v. Board of County Commissioners of Jefferson County, Colorado (10th Cir., November 13, 2014) (affirming dismissal of third amended complaint seeking payment of more overtime because any error was harmless and the county's calculations were correct) 
  15. Bowring v. Bonner (10th Cir., May 28, 2014) (whether Fair Labor Standards Act applies to prisoners assigned to work while in state custody)
  16. Padilla v. American Federation of State (10th Cir., Jan. 3, 2014) (claims brought under Fair Labor Standards Act and state minimum wage law)
  17. Olivo v. Crawford Chevrolet Inc. (10th Cir., May 7, 2013) (attorney fees arising from claims under the Fair Labor Standards Act)
  18. Lederman v. Frontier Fire Protection, Inc. (10th Cir., July 11, 2012) (discussion about burden of proof in dispute regarding overtime pay under Fair Labor Standards Act)
  19. Dudley-Barton v. Service Corporation International (10th Cir. July 28, 2011) (overtime and wage claims brought only Colorado law) 
  20. Rodriguez v. Alburqueque (10th Cir. April 14, 2011) (FLSA claims)
  21. Mumby v. Pure Energy Services (USA), Inc. (10th Cir. Feb. 22, 2011) (appeal of determination of wilfull violation of Fair Labor Standards Act)
  22. Dennis v. Watco Companies, Inc. (10th Cir. Jan. 21, 2011) (overtime claims)
  23. Chavez v. Albuquerque (10th Cir. Jan. 12, 2011) (overtime claims)
  24. Compton v. Rent-A-Center, Inc. (10th Cir. Oct. 20, 2009)

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