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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Corporate Function — Not Corporate Formality — Determines FLSA Status
The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., … Continue reading
Posted in DOL, FLSA
| Tagged Corporate Structure, Department of Labor, Economic Realities Test, Employees, Fair Labor Standards Act, Independent Contractor, Tenth Circuit
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Does Your Employee Handbook Need a Makeover? Tips to Help Your Policies and Procedures Work for You
Employee handbooks, policy and procedure manuals, and other guidelines given to employees can be a very effective way for employers to communicate their expectations to their employees and show that an employee’s bad behavior was in violation of company policies. … Continue reading
Posted in Handbook
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When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In
Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances, yes. Read on here.
Posted in Utah
| Tagged Adverse Action, Contract Renewal, Termination, UPPEA, Utah Protection of Public Employees Act
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2018 May Push the Payroll Budget for Utah Employers
With the 2018 Utah legislative session about to begin, there are more than a few bills that Utah employers may want to keep on their radar. HB 117, for instance, seeks to increase the minimum wage to from $7.25 to … Continue reading
Posted in DOL, FLSA, Minimum Wage, Pay, Utah
| Tagged Payroll, Utah Labor Commission, Wages
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Protecting Your Company Against the Perils of Office Parties
Be careful about throwing the type of office holiday party that gets everyone taken off the “Nice List.” In many circumstances, an employee’s bad behavior, or even their guest’s bad behavior, may be imputed to the employer that sponsors the … Continue reading