Category: Utah Labor Commission

Cases — January 30th through February 5th, 2022

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 […]

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Cases — July 23rd through 29th

Discrimination/Retaliation*Coyle v. Jackson (10th Cir., July 27, 2017) (affirming dismissal for failure to comply with FRCP Rule 8: plaintiff failed to allege specific in support of his discrimination claims) Workers Compensation/Occupational Safety and Disease Quast v. Utah Labor Commission (Utah, July 25, 2017) (reversing award of total disability because the Court of Appeals misstated the […]

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Cases November 10 through 22

Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]

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Antidiscrimination Amendments

Amendment to the Labor Commission’s Antidiscrimination Regulations. In the Utah State Bulletin for September 1, 2014, the Utah Labor Commission proposes an amendment to its antidiscrimination regulations (R606-1).  The amendment repairs an inadequate, ten-day time limit, and provides for the release of information held by the Division of Antidiscrimination and Labor.           Rule R606-1-3 extends […]

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Utah Employment Cases for the week of August 11

The following cases affecting Utah employment law were released during the week of August 11th:Utah Court of Appeals: Prows v. Labor Commission (Utah Ct. App., August 14, 2014) (declining, on the bases of what the definition of “is” is, to disturb refusal to find gainfully employed petitioner permanently and totally disabled)Tenth Circuit Court of Appeals: […]

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Employers May Be Protected by Workers Compensation Decisions, But Third Parties Are Not.

The Utah Supreme Court ruled on Friday, May 14, 2010, that a workers compensation decision holding that a worker’s injuries were not caused by the operation of a machine could not be used by by the party that created or designed the machine in a later lawsuit if that party was not the worker’s employer.  The […]

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Utah Labor Commission is Proposing New Rules for Adjudicating Discrimination Claims and UOSH Citation Claims.

The Utah Labor Commission has proposed rules to govern the process for the adjudication of discrimination claims filed by parties in the Utah Antidiscrimination and Labor Division and the Utah Occupational Safety and Health Division. The comment period for he proposed new rules for Discrimination claims and Utah Occupational Safety and Health claims ends on […]

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