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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…

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Trenton L. Lowe to Present at NBI Seminar “Workplace Disputes” on 11.6.19

Trenton L. Lowe to present at the NBI Seminar “Workplace Disputes: From Administrative Review to Trial” on November 6, 2019. This comprehensive seminar, offering 6 hours CLE credit (including 1 hour ethics), will provide an in-depth look into various issues faced when handling employer and employee disputes including processes, procedures, and laws, and how to handle administrative…

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Emily Lewis and Shaunda McNeill to Present at NBI Seminar “Business Contracts in 10 Simple Steps”

Attorneys Emily E. Lewis and Shaunda L. McNeill will co-present at the NBI Seminar “Business Contracts in 10 Simple Steps” on June 18, 2019. This comprehensive seminar, offering 6 hours of CLE credit, will cover how to draft, review, and negotiate business contracts. A variety of topics will be discussed including compliance with Utah state and laws; indemnification, limitation…

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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…

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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…

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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…

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2018 Utah Legislative Wrap-Up on Employment Issues

The 2018 Utah Legislature concluded on March 8, 2018. Although it was a record year for number of bills introduced, the Legislature passed 533 bills, two short of last year’s all-time record. Below, I summarize the employment-related bills that passed through the Legislature and will go into effect on May 7, 2018. For assistance navigating…

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2018 Utah Legislative Guide on Employment Issues

The 2018 Utah Legislature begins on Monday, January 22, and a record number of bills have been filed this year – more than 1,100 – which will make for a busy session for lawmakers. Depending on how you look at it, there are seven bills that affect private employers, while an additional two bills that…

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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….

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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…

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Employers—Get Your Priorities Straight: EEOC Releases its Strategic Enforcement Plan for Fiscal Years 2017-2021

On October 17, 2016 the Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan for Fiscal Years 2017-2021 (“Plan”) and businesses would be wise to take notice. The Plan is essentially a blueprint for where the EEOC will devote its resources, and establishes which substantive areas of employment will be its top priorities for…

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2016 Utah Legislative Session & Employment Law

In this year’s legislative session, the Utah Legislature passed the following three bills that Utah employers should take into account in their workplace policies and procedures: Amendments to the Utah Antidiscrimination Act (SB 59) Senate Bill 59 added new accommodation requirements to the Utah Antidiscrimination Act specifically within the context of pregnancy, childbirth, and pregnancy-related…

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Intern Class Actions on the Rise

The DOL has cracked down on private for profit companies’ use of unpaid interns.  Oftentimes, college students or recent graduates are eager for experience and are willing to work for free.  If your “intern” is a benefit to the company, your intern is more than likely an employee and is entitled to minimum wage and…

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More than Ramps and Parking Spots: How Your Website Could be Violating the ADA

You may be surprised to know that if your website is not accessible to the visually and hearing impaired you are currently in violation of the Americans with Disabilities Act, otherwise known as the ADA. That’s right—the Department of Justice (DOJ) has deemed websites within the scope of the ADA and a flood of demand…

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The Federal Defend Trade Secrets Act, Another Weapon Aimed at Protecting Your Company’s Secret Sauce

The U.S. House of Representatives recently voted 410-2 on to pass the Defend Trade Secrets Act (DTSA) that would federalize trade secrets law. The bill already passed the Senate last month so the next step is sending the bill to the White House to President Obama signature, which he is expected to sign. The DTSA…

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