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Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

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All Employers with CO, KS, NM, OK, UT, and WY Employees

EFFECTIVE

May 15, 2018

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The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.

Tenth Circuit: Employers Who Take Tip Credits May Keep Customer Gratuities

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All Employers with CO, KA, NM, OK, UT, and WY Employees

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July 3, 2017

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(888) 378-2456

In Marlow v. New Food Guy, the Tenth Circuit stated that employers of tipped employees may keep customer gratuities, as long as the employee is already paid the required minimum wage.  An employer’s retention of tips under this circumstance does not violate the tip credit provision of the Fair Labor Standards Act (“FLSA”).

Tenth Circuit: “Job-Protected” Leave Does Not Necessarily Protect Employees from Misconduct

APPLIES TO

All Employers with Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming Employees

EFFECTIVE

August 26, 2016

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(888) 378-2456

The Tenth Circuit recently stated that employers can implement disciplinary action against employees who are currently on job-protected leave when evidence of misconduct is discovered during the employee’s leave of absence.