Contract/Noncompete/Trade Secret/Wrongful Termination *Jones v. Office of Administrative Hearings (10th Cir., December 11, 2018) (affirming dismissal of Jones’s equal protection and due process claims after she was fired after failing a drug test) Workers Compensation/Occupational Safety and Disease *Vigil v. Commissioner, SSA (10th Cir., December 11, 2018) (affirming denial of disability benefits: Vigil failed to satisfy the […]
On December 4, 2018, Utah Governor Gary Herbert signed H.B. 3001, the Utah Medical Cannabis Act, a bill that authorized the immediate implementation of a system that permits the use of medical cannabis in Utah. Included within the bill are provisions that requires the Utah state government and all Utah political subdivisions to “treat [their] […]
Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Winger v. Meade District Hospital (10th Cir., June 27, 2017) (affirming summary judgment in favor of the hospital on Winger’s due process claim) Bahnmaier v. Northern Utah Healthcare Corporation (Utah Ct. App., June 29, 2017) (affirming summary judgment in favor of Northern Utah: the hospital’s substance abuse policy is not an implied […]
Contract/Noncompete/Trade Secret/Wrongful Termination Washington v. Unified Government of Wyandotte County (10th Cir., February 6, 2017) (affirming summary judgement in favor of the County because the County’s random drug test violated neither the Fourth Amendment nor any other constitutional or statutory right) Public Employees/Employers Welty v. Retirement Board (Utah Ct. App., February 9, 2017) (declining to […]
The 2010 legislative sessions saw a lot of activity affecting employers and employees. Approximately fifty newly enacted laws will have some affect on employers and employees. With only two or three exceptions, all of these laws become effective May 11, 2010. (For a complete list of all the bills passed and their effective dates click here.) […]
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 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 July 30, 2009, the Department of Transportation issued a new final rule that will become effective August 31, 2009, requiring that all return-to-duty and follow-up drug tests be done pursuant to Direct Observation. Although the rule found at 49 CFR 40.67(b) was originally issued on June 25, 2008, because of intervening court action the […]
