Editor: Robert P. Tinnin, Jr.
10th Circuit nixes fired employee's FMLA and wage claims
From: New Mexico Employment Law Letter | 01/01/2013
The U.S. 10th Circuit Court of Appeals, which hears cases from New Mexico and five other Western states, recently addressed an employee's claims under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). The court decided, in agreement with the trial court, that even though the employee was terminated just two days after making an FMLA request, he couldn't proceed with his retaliation claim because his employer presented evidence that he would have been terminated in any event. The appeals court also ruled that the trial court properly dismissed the employee's FLSA overtime claim because he failed to properly document the overtime hours he worked. Read More...