Perspective: Kirton McConkie Law Blog

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Showing 7 posts from July 2015.

The bottom line for employers and same-sex marriages

The U.S. Supreme Court ruled in a 5-4 decision that same-sex marriage is a fundamental right protected by the U.S. Constitution. According to the ruling, state laws prohibiting same-sex marriage are invalid and unconstitutional.This sweeping change effectively legalizes same-sex marriage throughout the United States. Click to read the full article.

Don’t ask for employees’ personal passwords

Everywhere you turn you will see individuals logged into social media on a laptop or smartphone. Employers have considered personal social media and Internet accounts as treasure troves of information relating to their employees and job applicants. They use the information gleaned from such accounts in their hiring, firing, discipline, and other employment decisions. Read More

Permanent Resident Card with “signature waived” is acceptable document

On Monday, July 20, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a Permanent Resident Card with the annotation “signature waived” is an acceptable document for Form I-9, Employment Eligibility Verification, as long as it is unexpired and reasonably appears to be genuine and to relate to the person presenting it. Since February 2015, USCIS has been waiving the signature requirement for people entering the United States for the first time as lawful permanent residents after obtaining an immigrant visa abroad.

Franchising across state lines: Do franchisors need to register when doing business in other states?

In addition to federal and state regulations covering franchise disclosure and registration documents, there is often a question of whether franchisors must also register to do business when they contract with franchisees in other states. A business is generally only required to register in the state where it is organized and any state where it is doing, conducting or transacting business. Since franchising is typically viewed as an interstate business activity, the vast majority of states do not require a franchisor to register to do business in a franchisee’s state. One exception is Maryland, which does require a “registration” for entities conducting interstate business, but, even there, the penalties for failing to register a business conducting wholly interstate commerce are minor. Read More

Utah's law to prevent employment discrimination based on sexual orientation and gender identity

Earlier this year, the Utah Antidiscrimination Act was amended to expand discrimination protection in the workplace to include gay, lesbian, bisexual and transgender (LGBT) individuals. As with previously existing antidiscrimination protection based on race, sex, age, religion, pregnancy, national origin, and disability, the amended law prohibits employers and labor organizations from making employment decisions based on sexual orientation or gender identity. Read More

Proposed DOL regulations may expand number of employees entitled to overtime

On June 30, 2015, the United States Department of Labor (DOL) proposed changes to the regulations defining who is exempt from overtime pay. The proposed regulations aim to increase the salary threshold in 2016 for exempt employees to an estimated $970 per week (or $50,440 per year) from $455 per week. Read More

USCIS resumes accepting Request for Premium Processing Service

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on July 13, 2015 USCIS will resume accepting Form I-907, Request for Premium Processing Service, for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. Since May 25, 2015, USCIS had suspended Premium Processing for H-1B extensions.