The U.S. District Court for the District of Utah has issued a decision challenging the common understanding that settlement of a minimum wage or overtime claim under the Fair Labor Standards Act (FLSA) always requires approval from the Department of Labor (DOL) or a court. On September 17, 2021, in Saari v. Subzero Engineering, case no....
September 10, 2021 Yesterday President Biden issued two Executive Orders and a COVID-19 action plan, in furtherance of a strong federal policy of increasing the number of Americans who are vaccinated against COVID-19. The Orders and plan rely largely on employers to implement this policy. The first Executive Order requires all federal agencies to...
As discussed in our prior post, the Utah Payment of Wages Act (UPWA) provides for wage claims to be filed to two forums: the Wage Claim Unit of the Utah Labor Commission and the courts. In general, claims for $10,000 or less are filed with the Labor Commission, and claims for over $10,000 are filed with the courts. The UPWA is clear that wage...
Under Utah law, an employee’s right to unemployment benefits cannot be waived in a severance agreement. However, the terms of a severance agreement may affect the employee’s entitlement to unemployment benefits in several ways. Nature of Termination If the severance agreement states that the employee has resigned or that the parties have mutually...
Many business owners and executives are surprised to learn that even if their business is a corporation or a limited liability company (LLC), they may be personally liable for wage claims filed by their employees. Federal Law Under the federal Fair Labor Standards Act (FLSA) as interpreted by federal courts, you may be personally liable for wage...
As reported in a prior blog "Utah Court of Appeals Holds that Following the Letter of Your Employees’ Employment Agreements May Not Be Enough" a little over a year ago, the Utah Court of Appeals held in Vander Veur v. Groove Entertainment Technologies (2018 UT App 148) that "breach of the implied covenant of good faith and fair...
Earlier today, the U.S. Supreme Court held in Lamps Plus Inc. v. Varela (No. 17-988) that when an arbitration agreement covers the subject-matter of a dispute, the plaintiff’s claims may be arbitrated only on an individual basis unless the agreement expressly permits arbitration of class claims. As a practical matter, this means that...
Tenth Circuit Court of Appeals* recently issued notable opinions on three topics applicable to employers. 1. FLSA Retaliation. In Acosta v. Foreclosure Connection, Inc., the Tenth Circuit joined several other federal circuits in holding that a...
On August 9, 2018, the Utah Court of Appeals held in Vander Veur v. Groove Entertainment Technologies (2018 UT App 148) that "breach of the implied covenant of good faith and fair dealing may be asserted for the limited purpose of protecting from opportunistic interference an employee’s justified expectations in receiving the fruits of...
On April 2, 2018, the U.S. Supreme Court declined to review the decision of the Seventh Circuit Court of Appeals in Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017), which held that multi-month leave is not a reasonable accommodation under the Americans with Disabilities Act (ADA). The plaintiff...
As a business owner, you have probably encountered situations where you found yourself unprepared. Let's be honest. No matter how hard we try to anticipate future events, there will always be somewhere we find ourselves unprepared. One incident that no one is ever...
Brian Deurloo, President and Founder of Frog Creek Partners, gives us the story of his novel invention: the Gutter Bin stormwater filtration system. We learn the inspiring details of Brian's efforts to better himself and the water world. An elegantly simple and...
This week we are revisiting an earlier episode that is still highly relevant to today's water discussion. We are looking back on episode 68: Regenerative Agriculture.Shelby Smith, Master's Candidate at the UCSB Bren School of Environmental Science &...
You have uttered the four words you hope never to say in your relationship: "I want a divorce." Getting a divorce can be emotionally draining, scary, and frustrating. But with an attorney's support, filing for divorce can be much easier and less intimidating. At Clyde...
Shaina Shay, Owner and Editor of The Water Report, gives us a great overview of this invaluable newsletter and her approach to water reporting. We discuss the importance of long format journalism and trends she is seeing across various water sectors.
August 21, 2023 -- Clyde Snow & Sessions, P.C. is pleased to announce that 4 lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch® in America. Best Lawyers: Ones to Watch in America recognizes associates and other lawyers who are earlier...
August 18, 2023 -- Clyde Snow & Sessions, P.C. attorney Dean C. Andreasen was recently recognized by Best Lawyers as the 2024 "Lawyer of the Year" for Family Law. Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer...