Bennett v. Coors Brewing Company, Case No. 97-119597-1221 Tenth Circuit Court of Appeals. The Bennett case that is the subject of this article was decided by the Tenth Circuit Court of Appeals. The case is pertinent to Oklahoma employers because Oklahoma is within the jurisdiction of the Tenth Circuit. The position taken by the court […]
TRAITORS IN THE WORKPLACE: HOW NEGATIVE PERFORMANCE EVALUATIONS CAN BE USED AGAINST EMPLOYERS
In the recent case of Toth v. Gates Rubber Co., the Tenth Circuit Court of Appeals set out a framework for assessing retaliation and discrimination claims. Perhaps of equal importance, the Court considered the rather unique question of whether a negative performance evaluation can serve as evidence against you as an employer, in a retaliation […]
Calculating the overtime rate for employees paid on a day-rate basis – Are there benefits to employers in paying day rate?
All employers are familiar with the overtime calculation required by the Fair Labor Standards Act for non-exempt employees paid on an hourly basis. Many less are familiar with that calculation when made in the context of employees paid on a “day-rate” or “job-rate” basis. Even among those employers that are familiar with the “day-rate” payment […]
Just When You Thought Arbitration Was a Good Thing, or Some Ways to Avoid Irrational and Irreversible Arbitration Results.
On October 29, 1999, the Tenth Circuit Court of Appeals published an opinion that demonstrates why selection of an arbitrator and proper drafting of employment policies and agreements are so very important for employers. In the case of Kennecott Utah Copper Corporation vs. Becker, the Court explained in no uncertain terms just how powerful an […]
FEDERAL COURT SAYS PRIME CONTRACTOR MAY SEQUENCE WORK ANY WAY IT CHOOSES IF THE PROJECT SCHEDULE IS NOT CREATED OR PUBLISHED PRIOR TO SUBCONTRACT EXECUTION
A federal district court has ruled that a fire protection contractor could not successfully claim that a prime contractor breached the subcontract by permitting out-of-sequence work, under circumstances where the subcontract was entered into before the prime contractor developed or published a schedule for the project. The subcontract at issue required the subcontractor to coordinate […]
