The NLRB Prohibits Confidentiality, Non-Disparagement Provisions in Severance Agreements with Non-Managerial Employees

Confidentiality and non-disparagement provisions have become staples in employee severance agreements. Following the National Labor Relation Board’s (NLRB) recent opinion in McLaren Macomb, 372 NLRB No. 58 (2023), these terms may be a thing of the past. In McLaren Macomb, 372 NLRB No. 58 (2023), the Board examined whether the employer violated Section 8(a)(1) of the…

Managing Love in the Workplace

I have performed two marriages in the last few weeks, and this month we celebrate Valentine’s Day; so, love is in the air.  But how should companies respond when love permeates the workplace between employees, as it often does?  Are you prepared if Cupid strikes your Company?   When it comes to office romances, love can…

The Colorado River System Conservation Pilot Program (SCPP)

Why worry about the Colorado River when you’re living in Utah? Well, approximately 27 percent of the water used in Utah comes from the Colorado River and 60 percent of Utahns benefit from it! Lily Bosworth, a staff engineer for the Colorado River Authority of Utah (“Authority”) recently joined Clyde Snow’s Emily Lewis to discuss the new…

Series LLCs – Balancing Flexibility and Cost Savings with Uncertainty Risk

Series LLCs—which first came on to the scene in the 1990s—have spread from their original, Delaware origins to now be an authorized company form in many states across the U.S., including Utah. They offer some benefits as compared to traditional LLC structures, primarily by offering simpler formation processes, lower (or no) additional fees, and flexible…

Employee Retention Credit – What You Need To Know

The Employee Retention Credit (“ERC”) was first created by the CARES Act in March of 2020, early in the pandemic. But just because pandemic restrictions have largely ended doesn’t mean that businesses cannot go back and claim the ERC! Here are some important points about the ERC that you might want to know as you…

Love v. Overstock.com: Guidance for Drafting Enforceable Arbitration Agreements

Recently, in a putative wage and hour class action against the online retailer Overstock.com (“Overstock”), District Judge David Barlow of the U.S. District Court for the District of Utah issued a decision addressing three recurring questions about enforceability of employment arbitration agreements. See Love v. Overstock.com, Case No. 2:22-cv-00118, 2022 WL 3345730 (D. Utah, Aug….

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

As of March 3, 2022, employers can no longer contractually require that sexual harassment and sexual assault lawsuits be arbitrated. In the wake of the #MeToo movement, the 100-year-old Federal Arbitration Act has been amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The Act provides that pre-dispute arbitration agreements and…

Appeals Court Allows Biden’s Vaccine Mandate to Move Forward

December 21, 2021 On Friday, December 17, 2021, the Sixth Circuit Court of Appeals reversed a lower court’s block on President Biden’s vaccine mandate, meaning the vaccine mandate will go into effect on January 4, 2022. The vaccine mandate requires that all private employers who employ 100 or more employees nationwide must require their employees…