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…
Labor & Employment Law Blog
Clyde Snow’s Employment Law Group brings extensive experience in representing and counseling local and national businesses in all aspects of employment and workplace law. Contact Christopher Snow, Practice Group Chair, with inquiries at 801-322-2516.
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…
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…
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…
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…
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….