The Tenth Circuit Court of Appeals—the federal court with jurisdiction over Utah—reaffirmed the longstanding principle that a litigant in a discrimination case does not have a constitutional right to effective assistance of counsel. In Grisby v. Boeing Corporation, the Court stated that the United States Constitution does not guarantee a civil litigant a right to […]
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 legislature passed a sweeping new law applicable to all employers who employ more than fifteen employees. The Employment Selection Procedures Act, which Governor Huntsman signed on March 24, 2009, requires an employer to “maintain a specific policy regarding the retention, disposition, access, and confidentiality of information” gathered in the “initial selection process,” i.e, […]
In a decision issued today, 114 Penn Plaza LLC v. Pyett, the United States Supreme Court ruled that “a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate [Age Discrimination in Employment Act] ADEA claims is enforceable as a matter of law.” In doing so, the Court acknowledged that it had previously expressed […]
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 […]
Beginning April 3, 2009, all Employers are required to use the new I-9 form prepared by the U.S. Citizenship and Immigration Services (USCIS). Although the USCIS had originally intended to mandate the use of the form in February, the effective date was changed to April 3, 2009. After April 3rd, employers using the wrong form […]
In Workers’ Compensation Fund v. Wadman Corp., a decision issued by the Utah Supreme Court yesterday, the Court decided that a general contractor was the “statutory employer” of a subcontractor’s employee for purposes of workers’ compensation coverage. Although the case presented a unique set of facts, the decision illustrates the necessity for general contractors to […]
The Tenth Circuit Court of Appeals—the circuit having jurisdiction over Utah—held on March 19, 2009, in a case entitled Avila v. Jostens, Inc., that a supervisor’s statement to an employee that he “should get out of the country if he couldn’t speak English” at approximately the time the employee was fired was “circumstantial evidence of […]
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 […]
