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...
Bend, OR Reagan L.B. Desmond (Recognized in Best Lawyers since 2021) Natural Resources Law Water Law Salt Lake City, UT Dean C. Andreasen (Recognized in Best Lawyers since 2007) Family Law Family Law Mediation Edwin C. Barnes (Recognized in Best Lawyers since 2011)...
Salt Lake City, UT Nathaniel Broadhurst (Recognized in Best Lawyers: Ones to Watch in America since 2027) Litigation - Environmental Katherine E. Pepin (Recognized in Best Lawyers: Ones to Watch in America since 2023) Criminal Defense: White-Collar Labor and...
In November 2025, we had the privilege of celebrating our Legacy and Founding Partners of Clyde Snow & Sessions. Our Legacy Partners have played a pivotal role in shaping Clyde Snow & Sessions into the law firm it is today. Their contributions have not only...
Clyde Snow & Sessions is thrilled to share that our firm has been recognized as a 2026 Best Law Firms in America by Best Lawyers. We are honored to receive acknowledgment in the following categories: Eugene, Oregon Tier 2 in Natural Resources Law Salt Lake City,...
This October, one thing scarier than ghosts and goblins is the growing wave of pay transparency laws creeping across the country, threatening to unearth compensation secrets long kept buried. Federal legislation, which died in previous years, has been resurrected and...
Tax Cuts Leave Open Recordkeeping Questions for Employers The recently enacted “One Big Beautiful Bill Act” introduces significant changes to the federal tax code, affecting green energy, estate planning, employment taxes, and more. The “No Tax on Tips” and “No Tax on...
Clyde Snow & Sessions, P.C. is proud to announce that 14 of our attorneys have been recognized in the 2025 edition of Mountain States Super Lawyers. This honor highlights attorneys who have demonstrated exceptional professional achievement and peer recognition in...