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…

Federal Vaccine Mandates

September 10, 2021 Yesterday President Biden issued two Executive Orders and a COVID-19 action plan, in furtherance of a strong federal policy of increasing the number of Americans who are vaccinated against COVID-19. The Orders and plan rely largely on employers to implement this policy. The first Executive Order requires all federal agencies to implement mandatory…

COVID-19 and the Americans with Disabilities Act

August 31, 2021 Employers in Utah and throughout our Country are faced with new and unique questions concerning COVID-19 and the workplace. For example, an increasing amount of employees are requesting to work from home due to potential COVID-19 exposure, particularly with the new infectious Delta Variant. Some employees are seeking remote work accommodations under…

Top Ten Tips for Success in Employment Law Mediations Webinar CLE

The Dispute Resolution Section & The Labor & Employment Law Section of the Utah State Bar Presents: Top Ten Tips for Success in Employment Law Mediations Mediators and seasoned employment litigators Chris Snow and Mike OBrien discuss the top ten tips practitioners should understand/implement for success in mediating employment law disputes. The webinar will be…

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…