35 Cited authorities

Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,088 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,582 times 58 Legal Analyses
Holding that, where employer's records are inadequate, "an employee has carried out his burden if he proves that he has in fact performed work for which he was improperly compensated and if he produces sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference."
Kendrick v. Penske Transp. Services, Inc.
220 F.3d 1220 (10th Cir. 2000) Cited 1,360 times 1 Legal Analyses
Holding a plaintiff may show pretext "by providing evidence that he was treated differently from other similarly-situated, nonprotected employees who violated work rules of comparable seriousness"
Garrett v. Hewlett Packard Co.
305 F.3d 1210 (10th Cir. 2002) Cited 863 times
Holding that subjectivity by the decisionmaker is relevant evidence of pre-text
Anderson v. Coors Brewing Company
181 F.3d 1171 (10th Cir. 1999) Cited 929 times
Holding that the district court properly considered the essential functions of the position for which the plaintiff was hired, as opposed to those of the narrower position to which she was assigned
Metzler v. Federal Home Loan Bank of Topeka
464 F.3d 1164 (10th Cir. 2006) Cited 502 times
Holding that FMLA retaliation claims are subject to the McDonnell Douglas burden-shifting analysis
Pinkerton v. Colo. Dep't
563 F.3d 1052 (10th Cir. 2009) Cited 283 times 1 Legal Analyses
Holding that an unexplained delay of two or two and a half months was unreasonable
Steiner v. Mitchell
350 U.S. 247 (1956) Cited 417 times 17 Legal Analyses
Holding "old but clean work clothes" integral
Ramirez v. Oklahoma Dept. of Mental Health
41 F.3d 584 (10th Cir. 1994) Cited 349 times
Holding time span of one and one-half months between protected activity and adverse employment action did not warrant dismissal of retaliation claim
Jeffries v. State of Kansas
147 F.3d 1220 (10th Cir. 1998) Cited 306 times
Holding that, "[i]n recognition of the remedial nature of Title VII, the law in this circuit liberally defines adverse employment action" and "takes a case-by-case approach to determining whether a given employment action is `adverse'"
Section 201 - Short title
29 U.S.C. § 201 Cited 20,918 times 102 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,460 times 225 Legal Analyses
Establishing overtime rules
Section 2615 - Prohibited acts
29 U.S.C. § 2615 Cited 5,093 times 23 Legal Analyses
Granting prescriptive rights
Section 2612 - Leave requirement
29 U.S.C. § 2612 Cited 4,942 times 39 Legal Analyses
Granting qualifying employees twelve weeks of FMLA leave in a 12-month period
Section 2611 - Definitions
29 U.S.C. § 2611 Cited 2,894 times 48 Legal Analyses
Defining a "serious health condition"-a prerequisite for FMLA eligibility, see 29 U.S.C. § 2612(D)-as one requiring either inpatient hospital care or "continuing treatment by a health care provider"
Section 825.302 - Employee notice requirements for foreseeable FMLA leave
29 C.F.R. § 825.302 Cited 818 times 21 Legal Analyses
Discussing intermittent leave when foreseeable due to an enumerated scenario
Section 825.216 - Limitations on an employee's right to reinstatement
29 C.F.R. § 825.216 Cited 578 times 12 Legal Analyses
Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"
Section 825.300 - Employer notice requirements
29 C.F.R. § 825.300 Cited 455 times 17 Legal Analyses
Addressing consequences for failing to give requisite notice under FMLA
Section 785.11 - General
29 C.F.R. § 785.11 Cited 273 times 18 Legal Analyses
Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."
Section 825.208 - Reserved
29 C.F.R. § 825.208 Cited 261 times 5 Legal Analyses
Providing that if the employer fails to give notice to the employee that paid leave will be designated as FMLA leave, the employer may not designate the leave as FMLA leave retrospectively
Section 785.13 - Duty of management
29 C.F.R. § 785.13 Cited 165 times 10 Legal Analyses
Placing an affirmative duty on employers to oversee employees, and not rely on a promulgated rule only
Section 785.24 - Principles noted in Portal-to-Portal Bulletin
29 C.F.R. § 785.24 Cited 29 times 1 Legal Analyses
Providing examples of tasks that are compensable under the integral and indispensable test

Brown v. ScriptPro, LLC

35 Cited authorities

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding a plaintiff may show pretext "by providing evidence that he was treated differently from other similarly-situated, nonprotected employees who violated work rules of comparable seriousness"

Holding that subjectivity by the decisionmaker is relevant evidence of pre-text

Holding that the district court properly considered the essential functions of the position for which the plaintiff was hired, as opposed to those of the narrower position to which she was assigned

Holding that FMLA retaliation claims are subject to the McDonnell Douglas burden-shifting analysis

Holding that an unexplained delay of two or two and a half months was unreasonable

Holding "old but clean work clothes" integral

Holding time span of one and one-half months between protected activity and adverse employment action did not warrant dismissal of retaliation claim

Holding that, "[i]n recognition of the remedial nature of Title VII, the law in this circuit liberally defines adverse employment action" and "takes a case-by-case approach to determining whether a given employment action is `adverse'"

Setting fourteen as the minimum age for most non-agricultural work

Establishing overtime rules

Granting prescriptive rights

Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

Defining a "serious health condition"-a prerequisite for FMLA eligibility, see 29 U.S.C. § 2612(D)-as one requiring either inpatient hospital care or "continuing treatment by a health care provider"

Discussing intermittent leave when foreseeable due to an enumerated scenario

Explaining that employers are permitted to "deny restoration to employment" if they can "show that an employee would not otherwise have been employed at the time reinstatement is requested"

Addressing consequences for failing to give requisite notice under FMLA

Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."

Providing that if the employer fails to give notice to the employee that paid leave will be designated as FMLA leave, the employer may not designate the leave as FMLA leave retrospectively

Placing an affirmative duty on employers to oversee employees, and not rely on a promulgated rule only

Providing examples of tasks that are compensable under the integral and indispensable test