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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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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, … Continue reading
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 … Continue reading
Posted in Arbitration, Utah
| Tagged Arbitration, Employment Arbitration Agreements, Utah
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Utah Legislature Contemplating Sick Leave For Immediate Family
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 … Continue reading
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 … Continue reading
Posted in Utah
| Tagged Commissions, Covenant, good faith and fair dealing, implied covenant, salesperson, Utah
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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 … Continue reading
Posted in Confidentiality, Restrictive Covenant
| Tagged California, Hawaii, New Hampshire, Non Compete, Non Competition, Non-Competition Agreement, Non-Solicitation Agreement, Oklahoma, Restrictions, Utah, Wall Street Journal, WSJ
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Supreme Court to Consider Whether Title VII Covers LGBT Bias
On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination … Continue reading
Posted in Discrimination, EEOC, Transgender
| Tagged California, Colorado, Gender, Gender Dysphoria, Gender Identity, LGBT, Nevada, Sex Discrimination, Sexual Orientation, Title VII, Utah
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