On April 29, 2010, the Utah Court of Appeals in Juricic v. Autozone, Inc., clarified that an employer may require a certain dress standard, including specifying the colors of shirts and pants to be worn at work, without such a requirement being considered a uniform. This is significant because it forecloses an employer from being […]
On April 23, 2010, the Utah Supreme Court substantially expanded the rights of employees to bring claims for emotional distress against former employers. In Cabanese v. Thomas, the Court ruled that the date the statute of limitations is triggered is “at the time the last injury occurred or the tortious conduct ceases.” Accordingly, in repeated […]
To all my readers: Please excuse my absence for the past few months. Unfortunately, I have been heavily involved in litigation, etc., and have not had time to pay attention to my blog. I will now return my attention to it. Look for more frequent updates
The Utah legislature will be in general session beginning January 25, 2010. It will be considering several bills that may have an impact on employers and employees throughout the state. To date the following bills have been introduced in the House: House Bills: H.B. 11, Licensing of Elevator Contractors and Elevator Mechanics. The bill provides […]
On December 19, 2009, President Obama signed the Fiscal Year 2010 Department of Defenses Appropriates Act . Although a defense appropriation bill, the legislation included provisions that extended and expanded the COBRA subsidy program that was enacted under the American Recovery and Reinvestment Act. Among other things, the bill provides that the COBRA premium subsidy […]
The ADA Amendments Act of 2008 was promulgated in reaction to a line of Supreme Court cases that had substantially narrowed the class of individuals covered by the the Americans with Disabilities Act. In fact, the findings and purposes found in section 2 of the Act make specific mention of the cases to be abrogated […]
On Tuesday, November 17, 2009, the Tenth Circuit Court of Appeals—the federal appellate court having jurisdiciton over Utah—determined that the correct standard to be assessed on retaliation claims arising under the First Amendment is whether the alleged retaliatory actions are actions that “would deter a reasonable person from exercising his . . . First Amendment […]
On November 10, 2009, the Salt Lake City Council passed an ordinance banning certain employers from discriminating against employees or job applicants “because of a person’s sexual orientation or gender identity.” The ordinance does not give an employee a private right of action against an employer but permits a person to file a complaint with […]
In Frito-Lay v. Labor Commission, the Utah Supreme Court clarified that, although Utah state courts do not have authority to impose the Utah Rules of Civil Procedure on administrative proceedings, the Utah Workers’ Compensation Act gives the Labor Commission broad authority to correct orders even after statutory appellate deadlines have passed. Accordingly, in Frito-Lay, the […]
In Olson v. Utah Department of Health, the Utah Court of Appeals ruled that the Career Service Review Board (CSRB), established for review of certain disciplinary actions taken against state employees, did not have jurisdiction over the appeal of a disciplinary transfer of an employee. It ruled this way even though when originally transferred the […]
