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…
Blogs
Are Utah Wage Claims Filed with the Labor Commission or in Court?
The Utah Payment of Wages Act (UPWA) provides for two forums in which state wage claims may be filed: the Wage Claim Unit of the Utah Labor Commission and the state and federal trial courts. Wage claims under the UPWA must be filed with the Labor Commission if they seek $10,000 or less. One of…
Can A Utah Employee File for Unemployment Benefits After Signing a Severance Agreement?
Under Utah law, an employee’s right to unemployment benefits cannot be waived in a severance agreement. However, the terms of a severance agreement may affect the employee’s entitlement to unemployment benefits in several ways. Nature of Termination If the severance agreement states that the employee has resigned or that the parties have mutually agreed to…
Are You Personally Liable for Employee Wage Claims?
Many business owners and executives are surprised to learn that even if their business is a corporation or a limited liability company (LLC), they may be personally liable for wage claims filed by their employees. Federal Law Under the federal Fair Labor Standards Act (FLSA) as interpreted by federal courts, you may be personally liable…
The Basics
What is the minimum wage in Utah? $7.25, which is the same as the federal minimum wage. (Utah Admin. Code r. R610-1-3.) Is overtime required under Utah law? Overtime is not required under Utah law, except for employees who are working on state contracts. Employees working on state contracts are entitled to 1.5 times their…
U.S. Supreme Court Extends Title VII Protections to Gay and Transgender Employees
On June 15, 2020, in a 6-3 decision, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and transgender employees from being terminated based solely on their sexual orientation and/or gender identity. There has long been a circuit split on this issue with some circuits, including the…
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…