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…

Supreme Court Declines to Review Seventh Circuit Determination that Extended Leave is not a Reasonable Accommodation Under the ADA

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 in Severson suffered from back pain, which…

Supreme Court Declines to Settle Circuit Split on Sexual Orientation Discrimination Under Title VII

Earlier this month, the U.S. Supreme Court declined to take up an appeal from the Eleventh Circuit on whether sexual orientation is protected under Title VII of the Civil Rights Act of 1964. Currently, Title VII prohibits employers from discriminating against employees and applicants on the basis of race, color, religion, sex, and national origin….

You’re Hired! How Trump’s EEOC and NLRB Appointments May Impact Your Business

In just his first week in office, President Trump, through two new appointments, has initiated an ideology shift at the Equal Employment Opportunity Commission and the National Labor Relations Board. Republicans Victoria Lipnic and Philip A. Miscimarra were appointed as acting chairpersons for the EEOC and NLRB, respectively. Both Lipnic and Miscimarra were appointed to…

I AM VOTING FOR TRUMP: YOU’RE FIRED! What Utah Employers Need to Know About Employee Political Rights

What a great time of year for the people of the great state of Utah!  Warm fall weather is extending the mountain biking season, and the ski season is just on the horizon.  Oh, and I guess there is an election coming up on Tuesday, November 8th.   If you are like me, your clear…