In Ayusa v. Department of Workforce Services, the Utah Court of Appeals determined it lacked jurisdiction to hear an appeal because an unemployed worker had missed the appellate deadline for her unemployment benefits denial while she cared for her ailing father. Central to the court’s decision was the fact that the worker had delayed the […]
On June 4, 2009, the Utah Court of Appeals affirmed the Department of Workforce Services’ assessment of a penalty against an unemployment benefits recipient who failed to disclose that she worked during weeks in which she received unemployment benefits. In Mugleston v. Department of Workforce Services, the Court ruled that despite the recipients claims that […]
On Monday, May 18, the United States Supreme Court ruled that a pension plan that paid out benefits to pension receipients based upon calculations that did not equally credit women who had taken pregnancy leave prior to the Pregnancy Discrimination Act (PDA) were not presently violating the Pregnancy Discrimination Act. The Court explained in its […]
Section 3001 of the American Recovery and Reinvestment Act of 2009 that was enacted by Congress in February 2009 provides that for certain eligible employees who were involuntarily terminated between September 1, 2008, and December 31, 2009, an employer must cover 65% of COBRA continuation coverage premiums, which employers may then take as a tax […]
In Merrill v. Utah Labor Commission, the Utah Supreme Court ruled that the Utah Workers Compensation statutory provision that requires the reduction of workers compensation benefits by 50% of the Social Security retirement benefits received by an injured worker was unconstitutional under the “uniform operations of law” clause or article I, section 24 of the […]
The Utah Supreme Court issued two cases on Tuesday that reversed the Utah Labor Commission’s interpretation of the Utah Occupational Disease Act. The Labor Commission had interpreted the act to provide that an employer was required to reimburse 100% of an employee’s medical expenses for a condition caused by an occupational disease even if the […]
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 […]
As many employers know, the Family and Medical Leave Act was recently amended and the amendments became effective January 16, 2009. The most significant of these changes was to allow military caregivers up to 26 weeks a year of unpaid leave to assist with the care of an injured military member. Other changes included FMLA […]
As has been discussed in earlier posts, the Utah legislature is considering many bills and resolutions that may have impact on Utah employers and employees. Here are additional bills: House Legislation: House Bill 331, Health Reform – Health Insurance Coverage in State Contracts. This bill proposes to require certain state entities who contract with third […]
As has been discussed in previous posts, the Utah Legislature is considering legislation that will affect employers and employees in a number of ways. Here are additional bills that are being considered: House Legislation: House Bill 296, Schools for the Deaf and Blind Amendments. This bill clarifies that the School for the Deaf and Blind […]
