Cases — March 8th through 14th, 2020
No Cases
2020 Legislation
HB 11 — Blood Alcohol Limit Amendments: amends the Workers’ Compensation Act regarding an employee’s blood or breath alcohol concentration. HB 12S2 — Abusive Conduct Reporting Amendments: addresses abusive conduct among state government employees, requiring an investigation if an abusive conduct complaint is made. HB 15 — Labor Commission Amendments: amends the Utah Labor Code […]
Scott Crook to Speak at National Business Institute Seminar
D. Scott Crook, managing attorney of Crook & Taylor Law PLLC and The Utah Employment Lawyer blog creator, will be presenting at the upcoming National Business Institute (NBI) seminar, Utah Employment Law, scheduled for June 1 and 2, 2020, to be held at the historic Peery Hotel, located at 110 West Broadway in Salt Lake […]
Cases — March 1st through 7th, 2020
Miscellaneous Kansas v. Garcia (U.S., March 3, 2020) (reversing Kansas supreme court determination that federal law prohibits information on an I-9 form being used as the basis for state-law identity theft prosecution, in connection with the hiring of unauthorized aliens: Kansas statutes were not expressly preempted, and the assertion that information placed on an I-9 […]
Cases — February 23rd through 29th, 2020
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 […]
Cases — February 16th through 22nd, 2020
Wages Jordan v. Maxim Healthcare Services, Inc. (10th Cir., February 19, 2020) (reversing judgment in favor of Jordan et al. on their overtime claim: Colorado law carves out several exemptions from overtime wage requirements, including “companions,” even those employed by third parties)
Cases — February 9th through 15th, 2020
Discrimination ~ Retaliation *Brown v. Keystone Learning Services (10th Cir., February 11, 2020) (affirming summary judgment in favor of Keystone: Brown could not show pretext on his discrimination claim, nor could he show even a prima facie case of retaliation) *Mohn v. Progressive Insurance (10th Cir., February 10, 2020) (affirming summary judgment in favor of […]
Cases — February 2nd through 8th, 2020
Public Employees Haynes v. Department of Public Safety (Utah Ct. App., February 6, 2020) (reversing dismissal of Haynes’s breach of contract action: the relevant terms of the settlement agreement under which Haynes supposedly failed to perform were ambiguous) Wages Aguilar v. Management and Training Corp. (10th Cir., February 4, 2020) (reversing summary judgment in favor […]
Cases — January 26th through February 1st, 2020
Discrimination ~ Retaliation *Ade v. Conklin Cars Salina, LLC (10th Cir., January 30, 2020) (affirming summary judgment in favor of Conklin on her sex discrimination and retaliatory discharge claims: Ade did not show pretext, nor did the sales contest at issue trigger whistleblower law) *Cases marked with an asterisk are not binding precedent, except under […]