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- Utah Employment Law LetterMarch 2017
Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation of discrimination “because of sex” under Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act is constantly changing, which leads to confusion for educators and employers. Because of that, discrimination based on gender identity has been the topic of many articles in Utah Employment Law Letter. This article discusses the recent swings of the pendulum and what the swings may mean for employers.
- ForbesFebruary 17, 2017
Jake Muklewicz, an attorney here at Kirton McConkie, is extensively quoted in a recent Forbes article about the changing environment of hiring foreign workers.
- Law360February 1, 2017
- Utah Employment Law LetterFebruary 2017
Public employees who have a right to continued employment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys constitutional protection? Well, the U.S. 10th Circuit Court of Appeals (whose decisions apply to all Utah employers) recently clarified that looking at an employee’s employment contract is a good place to start.
- Utah Employment Law LetterJanuary 15, 2017
During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of two categories: male or female.
- Utah Employment Law LetterJanuary 2017
In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an injunction placing the rule on hold. The Utah Legislature enacted a statute that significantly changed the law applicable to noncompetition agreements. And Utah lawmakers also amended the Utah Antidiscrimination Act to require employers with 15 or more employees to provide reasonable accommodations in most instances when employees request them for pregnancy, birth, breastfeeding, and other related conditions.
- Utah Employment Law LetterDecember 2016
- Utah Employment Law LetterNovember 2016
- Utah BusinessOctober 25, 2016
- Utah Employment Law LetterOctober 2016
Employers cannot interfere with employees’ right to take approved leave under the Family and Medical Leave Act (FMLA). Failure to respect FMLA leave rights can open an employer to liability. But that doesn’t necessarily mean you can’t take appropriate disciplinary action against an employee who is on leave. Read on to see how one company threaded that needle when it learned an employee on leave had what appeared to be a long history of hidden misbehavior.
- Chapter Editor (Attorney’s Fees), Employment Discrimination Law by Lindemann, Grossman, Weirich
- Utah Employment Law LetterSeptember 2016
- Utah Employment Law LetterAugust 1, 2016
Kirton McConkie attorney Brinton M. Wilkins discusses the Supreme Court's 2011 ruling overtime exemptions and whether it actually covers service advisers or "salesmen."
- Utah Employment Law LetterJuly 2016
- Utah Employment Law LetterJune 2016
Kirton McConkie attorney Ryan Frazier discusses the U.S. Department of Labor final rule and what employers must do to ensure compliance.
- Utah Employment Law LetterMay 2016
Kirton McConkie attorney Ryan Frazier discusses the hot topic in the classification of Uber and Lyft drivers.
- Utah Employment Law LetterApril 2016
Kirton McConkie employment lawyer Ryan Frazier talks about new Utah law and how employers need to be aware of this revision of the law and consider how it may affect the use of noncompetition covenants in the future.
- Utah Employment Law LetterMarch 2016
Kirton McConkie employment lawyer Ryan Frazier talks emplyoment contracts. Read on to find out when a promise of continued employment may be more than a promise—and when it may be a contract.
- Westlaw JournalFebruary 2016
Kirton McConkie employment lawyer Ryan Frazier talks about the possible legal consequences for employers if associated with an onsite league.
- Global Trends in Anti-Corruption Legislation: Mexico to Ramp up Enforcement ActivityReprinted with permission by Corporate Compliance InsightsJanuary 4, 2016
- Utah Employment Law LetterDecember 2015
Kirton McConkie employment lawyer Ryan Frazier talks about the legal consequences for improperly conducting employee background checks.
- Noncompliance with New EU Data Privacy Rules can be CostlyReprinted with permission by Corporate Compliance InsightsNovember 5, 2015
Kirton McConkie international attorneys Thomas Monson and Kyle Peterson wrote a post for the firm blog, Perspective, which was picked up as a story for Corporate Compliance Insights.