Author: Utah Employment Law Letter

Employer vs. employee perception in gender discrimination claims

by Brinton M. Wilkins Philosophers argue endlessly about “Truth” with a capital “T,” but most people will likely never comprehend that kind of “truth.” Rather, we all view and interpret the world and our experiences through a complex set of lenses that we spend a lifetime creating, both consciously and subconsciously. As Oscar Wilde summed […]

Filling the engagement gap: How employers can fight employee flight

A couple of recent surveys paint a disturbing picture: One survey from talent management firm Right Management found that 83 percent of 900 North American employees surveyed plan to seek new positions in 2014. Another Right Management survey reports that 56 percent of the more than 1,800 human resources managers polled concede that their employee […]

Rhode Island joins states with ‘ban the box’ laws

by Timothy C. Cavazza Rhode Island’s new law prohibiting employers from asking on employment applications whether an applicant has ever been “convicted of a crime” takes effect on January 1. Despite the initial ban, employers are permitted to “ask an applicant for information about his or her criminal convictions at the first interview or thereafter, […]

Employers need to be ready for new California law on same-sex harassment

by Tara K. Clancy and Kristine W. Hanson A new California law means employees who file same-sex harassment cases should have an easier time getting relief from the courts. Senate Bill (SB) 292, which was signed into law in August and takes effect in January, means employees don’t have to have evidence that sexual desire […]

New Hawaii law imposes new pay stub, record-keeping requirements

by Paul Saito A new law designed to help the state quickly determine whether employers are paying workers properly goes into effect January 1. Under the new law, Hawaii employers will be required to provide employees with additional information on all pay stubs and payroll records and maintain payroll records on company premises. During each […]

New Oregon law gives employees bereavement leave

by Calvin Keith Oregon will become the first state in the nation to require employers to provide bereavement leave when House Bill 2950 takes effect January 1. The new law allows for bereavement leave under the Oregon Family Leave Act (OFLA). The law applies to any employer with 25 or more employees in Oregon. Any […]

Unwelcome encore: managing investigations to survive ensuing litigation

by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR manager may be […]

San Francisco employers soon must consider flexible work requests

by Cathleen S. Yonahara San Francisco’s new Family Friendly Workplace Ordinance takes effect January 1, 2014, meaning covered private employers in the city must consider employees’ requests for flexible or predictable working arrangements to assist with their caregiving responsibilities. Employers that directly or indirectly employ at least 20 employees are covered. When calculating the number […]

Master of his fate: leadership lessons from Nelson Mandela

by Dan Oswald “A good head and a good heart are always a formidable combination.” Nelson Mandela On December 5, the world lost an incredible leader when Nelson Mandela passed away at age 95. Mandela was South Africa’s first black president and led the country after the end of apartheid. Mandela’s passing caused me to […]

Mandatory flu vaccination/masking policy upheld

By Charles G. Harrison A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision.