Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]
In Sandoval v. Martinez-Barnish, the Tenth Circuit Court of Appeals upheld a district court’s decision to refuse to substitute the United States as the defendant in a case brought by a contract worker against the federal employee assigned to supervise her work. The contract worker brought a claim for assault, battery, and outrageous conduct against […]
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 […]
The Stimulus Package that was enacted in February, otherwise called the American Recovery and Reinvestment Act of 2009, provides sweeping whistleblower protections to any employee of an employer who receives any stimulus money. The protections found in section 1553 of the Act prohibit any demotion, discharge, or other discrimination of an employee when he or […]
The Utah Legislative Session ended earlier this month and the Governor has signed many of the bills that passed. Following is a list of legislation that may have an impact on employers and employees. (For a link to the language of the relevant bill language as passed, click here.) House Bills: House Bill 12, County […]
In Workers’ Compensation Fund v. Wadman Corp., a decision issued by the Utah Supreme Court yesterday, the Court decided that a general contractor was the “statutory employer” of a subcontractor’s employee for purposes of workers’ compensation coverage. Although the case presented a unique set of facts, the decision illustrates the necessity for general contractors to […]
