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 […]
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 […]
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 […]
The Utah Legislature is in session again, and it’s likely that there will be changes in the Utah employment landscape by the time the Session concludes in a couple months. Among the bills being offered this year is House Bill 69, titled Sick Leave Amendments. Sick leave is a rather routine benefit many, if not […]
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 […]
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 […]
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 […]
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 […]