Barlow, Jr. v. C.R. England Inc., No. 11-1465 (10th Cir. 2012)
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Plaintiff Willie Barlow, Jr., appealed the district court’s grant of summary judgment in favor of his former employer, C.R. England, Inc., on his claims for race discrimination, wrongful discharge in violation of Colorado public policy, and failure to pay overtime in violation of the Fair Labor Standards Act (FLSA). England employed Plaintiff as a security guard and also paid him to perform janitorial work through a company Plaintiff formed. Plaintiff began receiving workers’ compensation benefits after he sustained an injury at work in June 2007. In November, England terminated its janitorial services contract with Plaintiff's company. A few months later, England fired Plaintiff from his security guard position after he failed to notice and report a theft of several trailer doors from England’s premises. The district court concluded that: (1) there was no evidence England fired Plaintiff for race-based reasons, or in retaliation for his workers’ compensation claim; (2) Plaintiff performed his janitorial work as an independent contractor, not an employee, and thus could not assert a claim for wrongful discharge from that position; and (3) Plaintiff's status as an independent contractor precluded an FLSA claim for overtime. Upon review, the Tenth Circuit affirmed with regard to Plaintiff's claims for discrimination and violation of the FLSA. The Court reversed, however, Plaintiff's state-law claim for wrongful discharge.
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