Perspective: Kirton McConkie Law Blog

Showing 13 posts by Ryan B. Frazier.

Federal Court Blocks New Overtime Rule from Taking Effect

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek.  Overtime compensation must be at least one and one-half (1½) times the employee’s regular rates of pay.  Some employees are exempt from the FLSA’s minimum wage and overtime requirements.  The FLSA specifically exempts, among others, “any employee employed in a bona fide executive, administrative, or professional capacity.”  29 U.S.C. § 213(a)(1).  These three exemptions have often been collectively referred to as the “white collar” exemptions.  Read More

DOL Issues Final Rule Increasing the Salary Threshold for the Overtime Exemptions

The Fair Labor Standards Act (“FLSA”) generally requires employers to pay non-exempt employees overtime compensation for all hours worked over 40 in a workweek.  Overtime compensation must be at least one and one-half times the employee’s regular pay rate.  Although there are many exemptions from the overtime requirements, only workers who perform certain duties and were paid at least minimum salary thresholds qualified for any of the exemptions.   Read More

Utah Passes New Law Placing Restrictions on Noncompetition Agreements

On March 9th, 2016, the Utah Legislature passed a bill, which the governor signed, substantially limiting an employer's ability to use noncompetition covenants to prevent former employees from competing against them. The new law limits the duration of noncompetition covenants entered into after May 10th, 2016 to one (1) year. According to the statue, any noncompetition covenant that violates the law, including the one-year limitation, "is void." Read More

Why do employers need employee handbooks?

Our company CEO told me not to worry about drafting an employee handbook. What can I say to change his mind and convince him it’s a good idea to have a handbook? Read More

Conducting a pay-to-play fantasy sports league may be gambling with the law

Participation in fantasy sports has exploded in the United States in the past few years. Anyone listening to sports radio or watching ESPN will be overwhelmed by advertisements from fantasy football organizations soliciting players. Thousands have joined the fantasy football fad in particular. Many participate for cash prizes. Read More

Do I need to display E-Verify posters?

Q. Are employers that use E-Verify required to post anything special or communicate anything differently to candidates or employees?

A. Yes. If you use E-Verify, you must display the EVerify right-to-work and participation posters in both English and Spanish. Read More

Is it legal to ask for a social security number on an application?

Q. Our current job application asks for the applicant’s SSN. Is that legal? I feel it might not be a good idea with all the high-profile news of identity theft.

A. It is legal. Nothing prohibits you from asking for an applicant’s SSN on your application. However, a couple of states require safeguards to ensure confidentiality. Read More

Withholding an employee’s wages does not pay

Q. Is it legal to establish a policy stating that if an employee doesn’t turn in a time card at the specified time, he won’t get paid?

A. The simple answer is "no." You certainly can establish a policy requiring employees to turn in time cards at a specified time. However, you cannot establish a policy stating you will not pay employees or will withhold compensation for failing to turn in a time card. Read More

Can I ask an employee to stop talking about a harassment claim at work?

Q. One of our employees filed a sexual harassment claim with HR. We conducted an investigation but found no evidence to support her claim. The employee continues to discuss the situation with coworkers, and it’s becoming disruptive and reflects poorly on the person who was accused. May we tell the employee to stop talking about it? Read More

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.