Ripple Effect 05: Bang for Your Buck

Utah Agricultural Water Optimization Task Force – A discussion with Rep. Tim Hawkes and Jeff DenBleyker of Jacobs Engineering on the formation, purpose, and practices of the Task Force. Highlights include why focusing on agricultural water efficiencies is critical to solving Utah’s water growing water demand and how to make those practices benefit local producers….

Utah Supreme Court Reverses Court of Appeals, Holds that Employers May Opportunistically Terminate At-Will Employees

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…

Class Claims Not Allowed in Arbitration Unless Expressly Authorized

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 most arbitration agreements also…

Tenth Circuit Employment Law Round-Up

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 retaliation claim under the Fair Labor Standards Act (“FLSA”) may succeed even if the defendant company does not fall…

Utah Court of Appeals Holds that Following the Letter of Your Employees’ Employment Agreements May Not Be Enough

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 a compensation agreement…