Skip to main content

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues.  In Jensen Tech Services and Sentinel Insurance Company, Ltd., v. Labor Commission and Sergio Herrera, 2022 UT App 18, the Utah Court of appeals was asked to consider whether an […]

| 3 min read | Tagged: , ,
MM

A Planned Executive Order Regarding Competition

Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy.  He reports that people familiar with the Order say one section has several provisions aimed at increasing competition in the labor market.  It is difficult to know what is coming, but one […]

| 2 min read | Tagged: , , ,
MM

Utah Is Very Arbitration Friendly

At a time when some courts seem willing to write arbitration clauses out of contracts because of perceived fairness issues, Utah is firmly and liberally behind them. The Utah Court of Appeals recently confirmed Utah’s very strong policy in favor of arbitration and its liberal construction of arbitration clauses. Although not decided in the context […]

| 2 min read | Tagged: , ,
MM

Utah Affirms Again – Implied Covenants, Even Good Faith and Fair Dealing, Do Not Trump Express Covenants

On October 29, 2019, the Utah Supreme Court issued a rare decision reversing the Utah Court of Appeals. At issue was whether an at-will salesperson who had completed six contracts for sale of television services, and who was terminated before they were installed, had earned the commissions on those sales. In Vander Veur v. Groove […]

| 2 min read | Tagged: , , , , ,
MM

Wall Street Journal Notes Growing Clouds Over Restrictive Covenants

Harriett Torrey of the Wall Street Journal wrote on Monday of this week that there is a growing backlash against employers getting in the way of workers quitting jobs for better offers and to secure a better living. There are two very strong public policies at war here.  One is that there should be no […]

MM

Snell & Wilmer Secures Appellate Victory Enforcing Restrictive Covenants for First American Title

On October 9, 2018, attorneys from Snell & Wilmer’s Salt Lake City Labor & Employment Group secured a final victory for First American Title Company and First American Title Company LLC by way of a unanimous opinion from the U.S. Court of Appeals for the Tenth Circuit. This win puts to rest a three-year dispute […]

MM

Idaho Human Rights Commission “Complaints”

The Idaho Human Rights Commission considers Title VII and other discrimination claims arising in Idaho.  For practitioners in other jurisdictions, the nomenclature there could lead to mistakes.  The kick-off there is not a “claim,” but a “complaint.”  This can be confusing and lead to the incorrect assumption that a claim has already been pursued to […]

| 1 min read | Tagged: , , ,
MM