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…

Divorce and Holiday Parent-Time in Utah – Tis the Season

If you are a separated or divorced parent confused over your holiday parent-time schedule, you are not alone.  You would think figuring out when you have your children for a holiday would be straightforward.  Unfortunately, it is not so easy if your custody order follows the statutory holiday schedules.  Oftentimes, even attorneys are unable to…

The Rules Don’t Apply to Those Who Apply: Asking Applicants for Their COVID-19 Vaccination Status

Can you ask an applicant their COVID-19 vaccination status? November 4, 2021 By now, most employers have at least broached the question of whether they can request employees’ vaccination status. While employers can in fact request this medical information from employees and even terminate employees who do not comply with disclosure or vaccine requirements (with…

Do Individual FLSA Settlements Really Require Judicial Approval?

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…

The 5 Step P.L.A.N.S. for a Positive Divorce: Weathering the Storm

“Feare no more the heate o’ th’ Sun, Nor the furious Winter’s rages.” – William Shakespeare As with any devastating storm, your divorce can often leave a path of destruction.  Feelings of helplessness and despair regularly take over.  Fear prevails.  Anger may ensue. Must it be this way? “NO.” Can you avoid it?  The answer…