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Utah Legislature Considering Bill to Prohibit Employers from Considering Sexual Orientation or Gender Identity in Employment Decisions.

D. Scott Crook - January 27, 2009 - Discrimination, Gender Identity, Government Employees, Government Employer, Legislation, Sexual Orientation, Utah Legislation

The Utah legislature is now considering a bill that proposes to include a person’s sexual orientation and gender identity as factors that cannot be considered by employers in making employment decisions. Besides prohibiting most employers in the state from discriminating on the basis of sexual orientation and gender identify, House Bill 267, Antidiscrimination Amendments, proposes […]

More Proposed Legislation that may Affect Utah Employers and Employees.

D. Scott Crook - January 26, 2009 - Educators, Government Employees, Government Employer, Immigration, Legislation, Licensure, Utah Legislation

As has been discussed here on January 12th and 19th, the Utah Legislature is considering several bills that may have an impact on Utah employers and employees. Here are additional bills: House Legislation: House Bill 117, Mechanical Contractor Licensing Provisions. This bill proposes to require the licensing of heating, venting, and air conditioning (HVAC) mechanical […]

Must an Employer Pay Employees for On-Call Time?

D. Scott Crook - January 26, 2009 - Compensable Time, On Call, Overtime, Wages

The Employment Standards Administration Wage and Hour Division recently issued a new opinion letter in which it decided that an employer need not compensate an on-call employee who was required while on-call to be reachable at all times, abstain from alcohol or other substances, and report to work within one hour of notice to return. […]

Employees Who Never File Complaints about Sexual Harassment But Merely Answer Questions are Protected from Retaliation.

D. Scott Crook - January 26, 2009 - Defenses, Government Employees, Investigations, Retaliation, Sexual Harassment, United States Supreme Court

The United States Supreme Court ruled in Crawford v. Metropolitan Government that a local government employee who answered questions posed to her about a human resource employee’s alleged sexual harassment was protected from retaliation even when she did not file her own complaint about his behavior. The questions came during an internal investigation being conducted […]

Can a Description of Job Responsibilities Constitute an Employment Contract for a Guaranteed Term?

admin - January 26, 2009 - At-Will Employment, Utah Supreme Court

In Guisti v. Sterling Wentworth Corporation, the Utah Supreme Court again addressed whether a statement made by an employer can constitute an employment contract for a specified term. In that case, the plaintiff argued that an offer letter he received from his employer guaranteed twelve months of employment. In so arguing, the plaintiff relied on […]

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

D. Scott Crook - January 23, 2009 - Discrimination, Safety, Utah Antidiscrimination and Labor Division (UALD), Utah Labor Commission, Utah Occupational Safety and Health (UOSH)

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 […]

Can Non-Union Employees Be Forced by Statute to Pay Service Fees to a Union that Pays for a Union’s National Litigation?

D. Scott Crook - January 23, 2009 - First Amendment, Labor Union, Union Dues, Union Service Fee, United States Supreme Court

In some circumstances, the law requires employees who refuse to join unions to pay service fees to the unions that represent their local collective bargaining unit. As one would guess, these laws often upset non-union employees who believe that their First Amendment rights of association and speech are being infringed. Consequently, there has been a […]

When Does an Employer Have to Give a 60-Day Notice Before Laying-Off Employees?

D. Scott Crook - January 23, 2009 - Lay Off, Tenth Circuit, Worker Adjustment and Retraining Notification Act (WARN)

The Worker Adjustment and Retraining Notification Act (WARN) requires certain employers to give 60 days advance notice of a mass lay off to its employees. WARN, however, does not require the notice in certain circumstances. The court having appellate jurisdiction over Utah, the Tenth Circuit, decided earlier this week in Gross v. Hale-Halsell Company, that […]

Are You Ready for the New I-9?

D. Scott Crook - January 19, 2009 - I-9, Immigration

Beginning February 2, 2009, all employers will be required to use a new I-9 form that has been issued by the U.S Citizenship and Immigration Services (USCIS). The USCIS issued a press release explaining the change on December 12, 2008. The new I-9 form may only be used after February 2, 2009.

Utah Legislature Considering Bills that May Affect Employers and Employees.

D. Scott Crook - January 19, 2009 - Benefits, Disability, Educators, Government Employees, Government Employer, Legislation, Licensure, Lobbying, Teachers, Unemployment Compensation, Utah Legislation

As discussed in an earlier post, the Utah legislature begins its general session on January 26th. In addition to the proposed legislation that may affect employers discussed in that earlier blog entry, legislators have proposed additional bills since that time. The following is a listing of additional proposed legislation that may affect employers and employees […]