Author: Utah Employment Law Letter

Utah social media password law takes effect May 14

by Darryl J. Lee Utah’s Internet Employment Privacy Act (IEPA) goes into effect May 14, making Utah the latest state to prohibit employers from requiring employees or job applicants to disclose their passwords or user names for personal social media accounts. Similar legislation has been enacted in California, Delaware, Illinois, Maryland, Michigan, and New Jersey. […]

Database hazards: What’s safe when conducting background checks?

No one wants to get burned by hiring a bad apple, so it’s common for employers to conduct background checks to lessen the chance of bringing a dishonest employee into the workplace. But as hazardous as it is to have shady employees, it also can be dangerous to step out of line when checking people […]

The devil is in the details

by Dan Oswald I was traveling last week and had tossed a couple of recent copies of Harvard Business Review (HBR) into my briefcase before leaving home. So on the plane, I dutifully grabbed the April issue and was greeted by a cover that said, “We Studied 25,453 Companies over 44 Years to Find the […]

Ruling supports firing pot smokers despite Colorado law

The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]

When time is the very essence of your job, best not be late …

By Michel Bellemare Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another. This is especially true when the breach touches on the very heart of the duties assigned to an employee. This, at least, is what an employee learned in a recent […]

Speaking my truth about team-building

Litigation Value: Aside from a potential workers’ compensation claim for Toby, from having a paper airplane thrown directly into his eye, Dunder Mifflin is getting off light this week. This week, we all got to relax a bit, as the Dunder Mifflin employees let their hair down and their competitive beasts out and took part […]

‘Play or pay’ and whistleblower protections under healthcare reform

by Timothy P. Brechtel and Ricardo X. Carlo As if you didn’t have enough to worry about as healthcare reform heads toward full implementation in 2014, the new whistleblower protection provisions of the Affordable Care Act (ACA) may present a trap for unsuspecting employers looking to cut costs by tweaking their workforces. Under ACA Section […]

Colorado civil union law takes effect May 1

by Rebecca Hudson Colorado’s new civil union law goes into effect May 1, meaning Colorado joins eight other states that permit civil unions or have similar laws that recognize them. Nine other states and Washington, D.C., allow same-sex marriage. Under the Colorado Civil Union Act, the state will recognize civil unions entered into by same-sex […]

time

Comp time―not an option for private employers

by Reggie Gay Say you have a nonexempt salaried employee who will be working an extra six hours each week for additional training for her position. The extra hours will result in overtime hours each week. However, the employee is requesting comp time in lieu of overtime pay. Is it OK to let her track […]

Letting go of yesterday

by Dan Oswald Finish every day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day. Begin it well and serenely with too high a spirit to be encumbered with your old nonsense. —Ralph […]