Labor & Employment Law Blog

The Utah Final Paycheck Law Guide: Payment of Wages and Final Paychecks Under Utah Wage Laws

Since the pandemic, more than 10.4 million businesses have been started, a record-breaking amount. Over 5 million businesses started in 2022 alone. With the boom of small businesses comes the need for new business owners to learn to navigate various employment law issues. A time may come when you either need to separate from an employee, or an...

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Supreme Court Establishes Higher Standard Regarding Religious Accommodations

On June 29, 2023, the U.S. Supreme Court held in favor of an evangelical Christian postal worker and established a higher standard that employers must follow when responding to a religious accommodation request. In Groff v. Dejoy, the Court ruled unanimously that the prior standard – the “de minimis standard” – was insufficient under Title VII of...

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NLRB Decision Governing Confidentiality and Non-Disparagement Provisions Applies Retroactively and Extends to Other Agreements

In the wake of the National Labor Relations Board’s (NLRB) February 23, 2023 opinion in McLaren Macomb, 372 NLRB No. 58 (2023) regarding whether employers could include confidentiality and non-disparagement provisions in severance agreements, many questions remained as to the scope and application of the opinion. Clyde Snow previously issued...

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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...

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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 hurt. See e.g., TJ Holmes...

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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....

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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...

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Vaccine Mandate Whiplash: Where Do Things Stand in Utah?

December 1, 2021 The past few weeks have seen a flurry of regulatory activity by the federal and state governments regarding COVID-19 vaccine mandates. Even though court actions continue, now is a good time for employers to assess their current requirements and update policies and practices. Federal Mandates OSHA Rule On November 4, 2021, OSHA...

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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...

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