Category: Utah

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Utah Supreme Court “Repudiates” the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January 31, 2014, the Utah Supreme Court repudiated the multi-employer worksite doctrine. Hughes General Contractors v. Utah Labor Commission, 2014 UT 3. The Court based its repudiation on … Continue Reading

Proposed Utah Bill To Prohibit Discrimination Based On Sexual Orientation or Gender Identity

Utah State Senator Steve Urquhart (R-St. George) is sponsoring a bill that would amend Utah’s employment and housing antidiscrimination statutes to address discrimination on the basis of sexual orientation and gender identity. Urquhart introduced Senate Bill 262 to the Utah Senate Rules Committee on March 1, 2013. Currently, several municipalities in Utah have ordinances prohibiting employment or … Continue Reading

When Does Alcohol or a Controlled Substance Preclude Workers’ Compensation Benefits?

Like most states, Utah’s Worker’s Compensation statute prohibits an employee from recovering disability compensation when “the major contributing cause of the employee’s injury” is the employee’s unauthorized use of alcohol or a controlled substance. See Utah Code Ann. § 34A-2-302(3)(b). If any amount of a controlled substance or its metabolites is found in an injured employee’s system … Continue Reading

Utah: 2011 Legislative Session Winners and Losers

The 59th legislative session of the Utah State Legislature ended last week. Below is a list of the winners and losers from legislative session preview post on February 18, 2011(and a couple of notable additions). WINNERS  Immigration – Three highly controversial immigration bills affecting employment passed Utah’s House and Senate and were signed by Governor … Continue Reading

Utah Immigration Legislation Remains Up In the Air (UPDATED)

Immigration was one of the top issues in the 2011 Utah Legislative session, which concluded last week. Contrary to early predictions, Utah did not adopt a carbon-copy of Arizona’s controversial immigration law. In fact, even the “enforcement” legislation, which got so much attention before the session, passed only after it was amended to remove language that some … Continue Reading

Utah: 2011 Legislative Session Preview

The 59th legislative session of the Utah State Legislature convened in January, and several labor and employment-related bills were introduced. We’ve highlighted some of the more interesting bills below.    Immigration – Immigration is an issue that has been a subject of intense debate in Utah and nationally and multiple bills have been proposed on the … Continue Reading

The Do’s and Don’ts of Employee Handbooks

Employee handbooks can operate as a useful management tool to ensure fairness and consistency in employment practices which in turn may limit an employer’s exposure to unwanted and costly litigation. But if not carefully drafted an employee handbook may unwittingly supply a disgruntled employee with greater ammunition on the legal battlefield. A couple of Utah employers recently … Continue Reading

New Salt Lake City Ordinances Prohibit Housing and Employment Discrimination Based on Sexual Orientation

Yesterday the Salt Lake City Council unanimously passed ordinances prohibiting discrimination on the basis of sexual orientation and gender identity.  Click here to download a copy of the City Council’s Staff Report on the ordinances, along with full text of the new laws.  Highlights of the employment discrimination ordinance include: Forbids employment discrimination based on … Continue Reading

Use Workshare Program to Cut Costs and Keep Workers

Are you looking for ways to hang on to staff, yet reduce costs?  Those goals are not necessarily mutually exclusive if you choose to participate in your state’s workshare program.  A workshare program allows your employees to collect some unemployment benefits but continue working part time.  Here’s an article from the Center for Law and … Continue Reading

Utah: Employee Commuting May Be Within “Course and Scope” of Employment

Last week the Utah Supreme Court ruled that an employee’s commute may in some cases be within the course and scope of his or her employment, such that an employer may be held liable for the employee’s negligence during the commute.  In Newman v. White Water Whirlpool, the defendant employed Bradley Sundquist as an installer of … Continue Reading
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