Wages Williamson v. MGS by Design, Inc. (Utah, November 25, 2022) (reversing dismissal of Williamson’s claim that MGS violated the Utah Sales Representative Commission Payment Act by failing to pay commissions for sales she made as an MGS sales agents: under the Act’s plain text, the requirement that a business relationship be in writing is […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Kennedy v. Bremerton School District (U.S., June 27, 2022) (reversing summary judgment in favor of the school district on Kennedy’s first-amendment religious-freedom claim: the free-exercise and free-speech clauses of the first amendment protect an individual engaging in a personal religious observance (prayer)from government reprisal; the Constitution […]
Contract~Noncompete~Trade Secret~Wrongful Termination Jensen Tech Services v. Labor Commission (Utah Ct. App., February 3, 2022) (setting aside Commission decision identifying respondent Herrera as Jensen’s employee for workers’ compensation purposes: the Commission failed to properly and completely apply the legal standards that govern employee-vs.-independent-contractor determinations; its right-to-control analysis, moreover, was faulty) Workers Compensation ~ Occupational Safety […]
Workers’ Compensation~Occupational Safety & Disease Boynton v. Kennecott Utah Copper, LLC (Utah, November 18, 2021) (reversing summary judgment in favor of Kennecott on Boynton’s take-home asbestos exposure claim in connection with his wife’s mesothelioma death: premises owners are liable to their employees‘ co-habitants for take-home asbestos exposure) Sysco v. Labor Commission (Utah Ct. App., November […]
Discrimination ~ Retaliation Adams v. C3 Pipeline Construction, Inc., et al. (10th Cir., November 2, 2021) (affirming summary judgment in favor of the Plains defendants (successors to a company with whom C3 was under contract) on Adams’s Title VII sexual-harassment claim: Plains did not employ Adams or any other C3 employee and therefore could not […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Miscellaneous Sheppard v. Geneva Rock (Utah, July 15, 2021) (reversing the district court’s grant of Geneva Rock‘s motion in limine excluding, as irrelevant, all liability evidence, and holding as error the court’s exclusion of Geneva Rock‘s employment practices: that evidence was still relevant after Geneva Rock had admitted liability) Public Emloyers ~ Employees Ramon v. […]
Workers’ Compensaton ~ Occupational Safety and Disease Arreguin-Leon v. Hadco Construction, LLC (Utah, August 17, 2020) (affirming remand for new trial on Arreguin’s claims against Hadco for failure to protect its workers from highway traffic: Arreguin prevailed at trial but the trial court allowed him to elicit undisclosed expert testimony, which the Court of Appeals […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Rivero v. Board of Regents (10th Cir., February 24, 2020) (affirming summary judgment in favor of defendants: Rivero’s claim that his psychiatric examinations violated the Rehabilitation Act was untimely, and his constructive discharge claim failed because his working conditions were not objectively intolerable) ERISA and Employee […]
Discrimination ~ Retaliation *Lu v. University of Utah (10th Cir., October 29, 2019) (affirming dismissal of Lu’s retaliation, racial and national-origin discrimination, and ADA claims: Lu identified no cogent basis on which to reverse the district court’s dismissal) Wages Vander Veur v. Groove Entertainment Technologies (Utah, October 29, 2019)(reversing court of appeals: the covenant of […]
