In Ramsey Winch Inc. v. Henry, the Tenth Circuit (the federal court having jurisdiction over Utah) ruled last week that a district court had erred when it held that a newly enacted Oklahoma statute making it a criminal offense for employers to prohibit employees from storing firearms in their vehicles on company parking lots was […]
The Tenth Circuit (the federal appeals court having jurisdiction over Utah) decided last week that three employees did not have a retaliation claim when they were unable to establish that the alleged actions taken against them by the Wichita Police Department would not dissuade a reasonable worker from making a charge of discrimination. In the […]
On February 17, 2009, the Utah House Business and Labor Committee voted against recommending House Bill 267 to the House. As indicated in an earlier post, House Bill 267 proposed to include a person’s sexual orientation and gender identity as factors that could not be considered by employers in making employment decisions. Click here to […]
In a case decided last week, the Utah Supreme Court held that a woman who had been injured on the job could not only recover under the Workers’ Compensation Act for her employer’s negligent acts but also in state court for injuries that were intentionally caused by her employer. The case, Helf v. Chevron U.S.A., […]
All employers know that one of the most important decisions that they make is who to hire or who to let go. Despite this fact, many employers approach the employee selection process in a haphazard manner. This is very troublesome because the selection process is one of the most fertile areas for employment litigation. Hiring […]
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 […]
The Utah State Legislature is considering whether to enact a measure that would make it illegal for health care facilities, agencies, or providers to subject their employees to abusive work environments or to retaliate against them for reporting abusive environments. The bill, House Bill 224, Health Care Provider Abusive Work Environment Prohibition Act, defines such […]
Since the blog entries on January 12th, 19th, 26th, and 27th, the Utah Legislature is now considering additional bills that may affect employers and employees in Utah. House Legislation: House Bill 144, Medical Language Interpreter Act. This bill provides certification for certain types of medical language interpreters and criminalizes a person’s representation that he or […]
The U.S. Citizenship and Immigration Services (USCIS) announced on Friday that it has delayed the effective date for using the new Form I-9 until April 3, 2009. As discussed in an earlier post, the new I-9 was scheduled to be used beginning today. Employers who use the new I-9 form before April 3, 2009, are […]
President Obama signed the Ledbetter Fair Pay Act this morning. Prior to the passage of the Act, an employee was required to sue within 180 days of the day that an employer decided to pay an employee a smaller wage or salary for a discriminatory reason. The problem with this prior interpretation of the law […]
