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Showing posts with the label Tenth Circuit Court

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

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  On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in  Walkingstick Dixon v. Oklahoma Regional University System Board of Regents   that the Family and Medical Leave Act (FMLA) permits actions against individuals in limited circumstances when the individual qualifies as an “employer” under the “economic reality test.” Quick Hits The Tenth Circuit affirmed the lower court’s application of the economic reality test to determine whether an individual qualifies as an “employer” and thus may be subject to individual liability under the FMLA. In doing so, the Tenth Circuit joined the Second, Third, and Eighth Circuits in holding that the FMLA permits claims for individual liability. Although the Tenth Circuit concluded that a supervisor can be subject to liability under the FMLA, plaintiffs will have difficulty establishing individual liability under the economic reality test. Summary The FMLA permits eligible employees to take leave for serious health...

Tenth Circuit Upholds Courts Refusal to abide by Federal Contractor Minimum Wage Hike

 A federal court in Colorado refuses to join the US Department of Labor implementing EO 14026. The Tenth Circuit Court finds that the EO had a sufficient connection to promoting economy and efficiency in the federal government contracting, thus making it permissible under the Procurement Act .   The Tenth Circuit has jurisdiction over federal courts in Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. Source(s): JacksonLewis , received on May 17, 2024; Office of Federal Procurement Policy , accessed on May 17, 2024.