Amendment to the Labor Commission’s Antidiscrimination Regulations. In the Utah State Bulletin for September 1, 2014, the Utah Labor Commission proposes an amendment to its antidiscrimination regulations (R606-1). The amendment repairs an inadequate, ten-day time limit, and provides for the release of information held by the Division of Antidiscrimination and Labor. Rule R606-1-3 extends […]
Cases for the Week of August 25, 2014Colorado Cross-Disability Coalition v. Abercrombie & Fitch (10th Cir., August 29, 2014) (ADA violation claim and class action; affirming denial of defendant’s summary judgement motion, affirming class certification, but reversing grant of summary judgement in favor of plaintiffs and vacating injunction)Nelson v. Target Corporation (Utah Ct. App., August […]
BLAUER v. DEPARTMENT OF WORKFORCE SERVICES 2014 UT App. 100 (Utah Ct. App., May 1, 2014) When [ironies] come, they come not single spies, but in battalions. — Paraphrasing Hamlet IV.v The Department of Workforce Services, charged with administering Utah employment law, fired Blauer, its legal counsel, for rejecting its proposed accommodations to his […]
On April 30, 2014, the United States Senate rejected a motion to end debate and force a final vote on the so-called Minimum Wage Fairness Act—a legislative cause celebre for the Democratic Senate majority and House minority, to say nothing of the Obama White House. The Bill would have raised the federal minimum wage from […]
In Utah Education Association v. Shurtleff, the Tenth Circuit vacated its prior decision and upheld Utah’s Voluntary Contributions Act, which provides that a public employer cannot withhold from its employees’ paychecks any voluntary political contributions, including contributions to unions. The Tenth Circuit initially agreed with the district court that the Act was unconstitutional because it […]
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 […]
Can employees collect unemployment after they have given their notice to quit? The answer to that question depends on the employer’s conduct. On January 15, 2009, the Utah Court of Appeals in Hughes General Contractors v. DWS held that an employee was eligible to receive unemployment benefits, even though the employee had given his employer […]
