The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.
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This month, the Tenth Circuit Court of Appeals (which hears appeals from federal courts in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming) reinstated wage claims of two house cleaners under the Fair Labor Standards Act (“FLSA”), and rejected the argument that such claims were time-barred because they were more than two years old.
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Last week, the Tenth Circuit upheld a dismissal of an employee’s age discrimination, disability discrimination, and retaliation claims. This decision reminds employers that courts will not allow every claim filed by an employee to proceed.
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The United States Department of Labor (“DOL”) will no longer enforce an Obama-era regulation concerning when and how employers may use tip-pools (i.e., pools of tips collected by restaurants and other service industry employers, and redistributed among employees). The 2011 regulation prohibited employers who did not take a “tip credit”—that is, employers who paid their employees the full minimum wage—from requiring their tipped employees, such as servers and bartenders, to share tips with non-tipped employees, such as dishwashers, cooks, hosts, and floor supervisors. Previously, courts had held that prohibitions on tip pooling could apply only to employers who took a tip credit.
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