Author: Utah Employment Law Letter

Walking the line between hiring only authorized workers and violating the discrimination laws

by Elaine Young Here are two situations in which you must avoid discrimination while fulfilling your obligation to hire only authorized workers.  Situation #1 ABC Resort is a beautiful, large new resort in the Utah mountains. Some of its managers heard about Immigration and Customs Enforcement (ICE) raids a few years ago at other resorts […]

Political discrimination: when politics and the workplace meet

by Luke Draisey It’s likely that 2016 was a year that most people won’t soon forget. It was a year marked by international turmoil, celebrity deaths, and unprecedented political disunity. We saw Great Britain’s decision to withdraw from the European Union, the genesis of the Zika virus, and the deaths of several cultural icons, including […]

EEOC provides guidance on mental health conditions in the workplace

by Howard Fetner The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have […]

Comments and tweet using variation of ‘n’ word are protected speech

by Michelle Lee Flores Actor and writer Marlon Wayans’ use of the term “nigga,” his comments referring to an actor’s “afro” and comparing him to a black character on Family Guy, and his tweet, including a side-by-side photo comparison of the actor and the Family Guy character, were all protected speech, according to a trial […]

Trump proposes ‘substantial’ DOL budget cut

The U.S. Department of Labor (DOL) would see a nearly 21 percent reduction in funding under the White House’s proposed 2018 discretionary spending budget, which was released March 16. “A 21 percent cut is very substantial,” according to H. Juanita Beecher, of counsel with Fortney & Scott in Washington, D.C., and an editor of Federal […]

Tough talks for tough situations at work: How to keep calm, get success

Maybe an employee’s performance has gone downhill or someone’s prickly personality is making coworkers miserable. Or maybe a personal hygiene problem requires action. Any number of situations that land in HR’s lap can trigger the need for a difficult conversation. No pat set of instructions exists since each situation is unique, but keeping a few […]

Arizona Supreme Court upholds minimum wage, paid leave law

by Dinita L. James Gonzalez Law, LLC In a three-sentence order entered just before the close of business March 14, the Arizona Supreme Court rejected a constitutional challenge to the Fair Wages and Healthy Families Act, commonly known as Proposition 206. The unanimous ruling dashed the last remaining hope of business groups trying to block […]

Federal agencies help HR pros avoid antitrust violations in hiring, compensation

by Howard Fetner The U.S. Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently issued guidance for HR professionals on how to avoid running afoul of antitrust laws when making hiring and compensation decisions.   Background Antitrust laws are often enforced against individuals or entities that engage in actions that tend to […]

CBO: Fewer employers would offer insurance under Obamacare replacement

On March 13, the nonpartisan Congressional Budget Office (CBO) released its cost estimate of the effects of the proposed Affordable Care Act (ACA) repeal and replace legislation. Deficits down, but number of uninsured up According to the CBO and the Joint Committee on Taxation (JCT): The legislation would reduce federal deficits by $337 billion from […]

Nurture employees’ passion to achieve success

by Dan Oswald Life is too short to do something you hate. It’s a simple statement that’s hard to dispute, but shouldn’t all of us expect more than not to hate what we do? I think so.  It isn’t enough not to hate your job. Most of us will spend more than 10,000 days at […]