The Employer-Lawyer Newsletter

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Actionable employment law insights, compliance updates, and practical HR guidance — written by attorneys who represent employers every day.

Archive

New Utah Rules on Non-Attorneys Giving Legal Advice

Utah is strengthening unauthorized-practice enforcement. Learn why HR staff, managers, and consultants should avoid situation-specific legal advice.

Apr 28, 2026

Can an Employer Require Employees to Exercise as a Part of their Required Job Duties?

Can employers require exercise as part of a job? Review wage, ADA, workers compensation, privacy, and implementation issues before adopting a fitness requirement.

Apr 21, 2026

A Note for Utah Healthcare Employers

Utah H.B. 270 limits noncompete agreements for licensed healthcare providers. Learn what healthcare employers should review before May 6, 2026.

Apr 14, 2026

Payroll Tip for 2026: Why Separating Overtime Pay Matters More Than Ever

Learn why separating base and premium overtime pay matters in 2026. Ensure payroll compliance, support employee tax deductions, and avoid costly reporting issues.

At-will Employment

Utah is an at-will employment state, but terminations can still create legal risk. Learn the key exceptions employers should understand.

Mar 31, 2026

Catch Payroll Problems Early with a Wage & Hour Audit

Wage and hour mistakes can get expensive fast. Learn how payroll audits, correct classifications, and timekeeping systems help employers reduce risk.

Mar 17, 2026

Smart Employers Look Past the Word "Stress"

Learn when employee stress complaints trigger legal obligations under ADA, FMLA, and wage laws—and how employers can respond effectively to reduce risk, prevent burnout, and improve retention.

Mar 10, 2026

What counts as a “Hostile Work Environment”?

Learn what legally qualifies as a hostile work environment, including protected categories, “severe or pervasive” conduct, and common employer risks. Understand how to stay compliant and reduce liability.

Mar 5, 2026

New-Hire Paperwork: What Goes in the Offer Letter vs. Separate Agreements?

Learn what belongs in an offer letter vs. standalone agreements. Build a clean, compliant onboarding packet that protects your business, avoids disputes, and keeps terms clear and enforceable.

Feb 24, 2026

Unemployment Insurance Nightmares? We Can Help!

Received a Utah unemployment claim notice? Learn how UI works, what affects your rate, and how to respond strategically to protect your business and minimize risk.

Feb 17, 2026

How to Handle Workplace Gossip

Learn how to manage workplace gossip without creating legal risk. Discover compliant policies that protect employee reporting, improve culture, and avoid costly HR mistakes.

Feb 10, 2026

Accommodating Neurodiverse Employees

Learn how employers should respond when neurodiverse employees request accommodation, including ADA forms, job descriptions, and the interactive process.

Feb 3, 2026

Negligent Hiring in Utah: Smart Hiring Steps That Protect Your Business

Learn how to prevent negligent hiring claims in Utah. Discover smart screening practices, background check tips, and hiring strategies that protect your business from legal risk.

Jan 20, 2026

Performance Improvement Plans: Best Practices for Employers

Learn how to use performance improvement plans effectively. Follow PIP best practices to support employee performance, ensure consistency, and reduce legal risk for your business.

Jan 6, 2026

Annual Workplace Training: A Critical Risk-Management Tool for Utah Employers

Learn why annual workplace training is critical for Utah employers. Reduce legal risk, ensure compliance, and train employees on harassment, discrimination, wage laws, and more.

Dec 16, 2025

Understanding Employer Liability in Workplace Claims: What Businesses Need to Know

Understand when workplace claims typically create employer liability, when individual liability may arise, and why FMLA issues require extra care.

Dec 9, 2025

Utah Labor Commission Complaints: What Utah Employers Need to Know

Learn what Utah employers should expect after receiving a Labor Commission complaint, including statements of position, information requests, and investigation outcomes.

Dec 2, 2025

Retaliation is Always Hard, but not always unlawful

Learn when workplace retaliation can create legal liability, what protected activity means, and how employers can document legitimate decisions.

Nov 25, 2025

Can an employer legally force someone to retire?

Understand age discrimination risks under the ADEA and lawful alternatives such as voluntary retirement plans, RIFs, and documented performance decisions.

Nov 18, 2025

Partial Unemployment Benefits in Utah: What Employers Should Know

Learn how reduced employee hours can affect partial unemployment benefit eligibility in Utah and what employers should consider before cutting hours.

Nov 11, 2025

Employment Law Insights: Tips for Hiring Seasonal Workers

Practical tips for employers hiring seasonal workers while staying compliant with wage, onboarding, and workplace protection requirements.

Oct 27, 2025

Understanding the Basics of Non-Compete Agreements

What Utah employers should know about non-compete agreements, enforceability, reasonable limits, and best practices for restrictive covenants.

Oct 21, 2025

Free Speech in th Workplace

Guidance for Utah private employers on regulating workplace speech, off-duty expression, and speech-related policy enforcement.

Oct 7, 2025

AI and Employee Handbooks: Helpful Tool or Hidden Risk?

Why employers should use caution when relying on AI-generated employee handbook policies and why legal review still matters.

Sep 30, 2025

I-9 Compliance and Penalties for Knowing Violations

A reminder for employers about I-9 compliance, knowing violations, potential penalties, and proactive audit practices.

Sep 23, 2025

When is a RIF appropriate?

Learn when a reduction in force is appropriate, how to document business reasons, and how employers can reduce legal risk during layoffs.

Sep 2, 2025

The Importance of Wage Audits

Learn why wage audits help employers catch misclassification, overtime, payroll, and pay equity issues before they become costly claims.

Aug 19, 2025

Supervisors May Be at Risk Under the FMLA

Learn how supervisors and HR professionals can face individual FMLA liability and what steps reduce risk when handling leave issues.

Aug 12, 2025

Back to the Office? Legal Considerations for Return-to-Work Mandates

Review legal considerations for return-to-office mandates, including ADA accommodation requests, written policies, consistency, and documentation.

Aug 5, 2025

What should I do when an employee complains about harassment?

Learn why employers should meet with complaining employees at the start and end of harassment investigations to reduce retaliation risk.

Jul 29, 2025

Should You Screen Applicants' Social Media?

Screening job applicants by reviewing their social media has become a common practice for many employers, but it raises many legal and practical concerns....

Jul 15, 2025

No Tax on Tips & Overtime Pay

The "One Big Beautiful Bill" has now been signed into law. Among many other changes, this new law contains new tax provisions designed to help hourly worke...

Jul 8, 2025

What California Employers Need to Know About CalSavers

California's CalSavers Retirement Savings Program is a mandatory state-run retirement savings plan for employers who don't sponsor a qualified retirement p...

Jul 1, 2025

How many jobs can one employee work?

We recently met with a new client who was working three full-time remote jobs for very similar tech companies in software design! He was worried about bein...

Jun 24, 2025

Can I ask an independent contractor to sign a non-compete agreement?

Under Utah law, an employer generally cannot bind an independent contractor to a non-compete agreement, and attempting to do so carries legal and...

Jun 10, 2025

Welcome to Class - Wage Garnishment 101

Wage garnishment requires careful employer compliance. Learn key obligations, withholding limits, employee protections, and recordkeeping practices.

May 20, 2025

Understanding the Federal WARN Act: What Employers Need to Know

The federal WARN Act requires advance notice for certain layoffs and closures. Learn when it applies and what employers should watch for.

May 13, 2025

Classifying Independent Contractors v. Employees

Worker classification affects wage and hour obligations. Review practical questions employers can use when evaluating contractors versus employees.

May 6, 2025

What do I do if I believe my employee is misusing their FMLA leave?

Employers can respond to suspected FMLA misuse when they stay within the approved leave scope and act on a reasonable, honest belief.

Apr 29, 2025

Employer References

Reference checks can create legal risk. Learn what employers can safely confirm and how Utah reference immunity applies.

Apr 22, 2025

Do I have to pay overtime if the extra hours were not approved?

Simply stated – Yes. But there's more...

Apr 8, 2025

Is DEI dead? What do I do now?

In his first week in office in 2025, President Trump issued several executive orders targeting diversity, equity and inclusion programs in both public...

Apr 2, 2025

If you didn’t document it, did it really happen?

Employee documentation helps employers defend workplace decisions, apply policies consistently, and reduce legal risk.

Mar 25, 2025

Business and personal cell phones

Clear device and privacy policies help employers manage company and personal cell phone use while reducing legal risk.

Mar 18, 2025

What is E-Verify and do I have to use it?

E-Verify is a database operated by US Citizenship and immigration Services (USCIS) in partnership with the Social Security Administration (SSA) to...

Mar 11, 2025

Is Your Business Doing I9s Correctly?

Because of President Trump’s focus on immigration enforcement, many employers are wondering how this affects them. Surprisingly, nothing has really...

Mar 4, 2025

Updated with new administration

Recent federal policy shifts under the new administration may affect employment laws, DEI programs, and labor relations.

Feb 25, 2025

Supreme Court Lowers the Burden for Employers to Prove FLSA Exemptions

The Supreme Court lowered the proof burden for FLSA exemptions, but employers still need accurate classifications and records.

Feb 18, 2025

Workplace Accommodations

Employers should handle accommodation requests through a documented interactive process that complies with disability laws.

Feb 11, 2025

How Can Employers Prepare for Aggressive Immigration Enforcement sent 1.28.25

With the new Republican administration set to execute an aggressive immigration enforcement strategy, employers should take concrete steps to safeguard operations.

Jan 28, 2025

Travel Time: To Pay or Not to Pay 1.21.25

When do employers have to pay for an employee's travel time? Federal law has a lot to say about this important topic.

Jan 21, 2025

Overpayment of wages 1.7.25

Occasionally, in the course of running payroll, an employee is overpaid. What are your rights as an employer?

Jan 7, 2025

Performance Reviews 12.17.24

The end of the calendar year is a great time for employers to reflect on how their business has done with performance reviews.

Dec 17, 2024

BOI 12.10.24

Last week, a federal court temporarily stopped the federal government from enforcing the Beneficial Ownership Information reporting rule.

Dec 10, 2024

Salary Threshold Reversed 11.19.24

A federal judge reversed the increased minimum salary threshold for salaried exempt employees, creating questions for employers.

Nov 19, 2024

Bonuses and gifts

Holiday gifts, gift cards, and cash bonuses can boost morale, but employers should understand tax and expectation issues.

Nov 12, 2024

Seasonal Workers 11.05.24

Seasonal employees are still covered by many labor laws, including wage-and-hour, safety, child-labor, and anti-discrimination rules.

Nov 5, 2024

PTO for Right to Vote 10.29.24

Utah employers may need to provide up to two hours of paid voting leave when employees meet the statutory conditions.

Oct 29, 2024

Discussing Politics at Work 10.22.24

Employers can prepare employees for political discussions at work with expectations, civility reminders, and disruption policies.

Oct 22, 2024

Is it Okay to use Emojis in the Workplace 10.15.24

Workplace emojis can create misunderstandings or harassment concerns, so employers should give clear communication guidance.

Oct 15, 2024

Joint employers 10/8/24

Joint employer rules can make one business responsible for another company’s workplace violations in certain shared-control situations.

Oct 8, 2024

what employers can say for references to prospective employers 10/01/24

Utah employers may provide references, but should understand neutral references, job-related disclosures, and defamation risk.

Oct 1, 2024

Age discrimination and severance agreements 9.24.24

Older workers receive age-discrimination protections, and severance waivers must meet specific ADEA requirements.

Sep 24, 2024

Tip pools 9.17.24

Employers using tip pools must follow federal rules about who may share in pooled tips and when exceptions apply.

Sep 17, 2024

Salary basis 9.10.24

The salary basis test is one requirement employers must satisfy before treating an employee as salary exempt.

Sep 10, 2024

Timekeeping records 9.5.24

Business owners should keep detailed and accurate timekeeping records for hourly employees for at least three years.

Sep 5, 2024

FTC non compete ban overruled 8/27/24

A federal court overturned the FTC non-compete ban, but employers still need to check state restrictions.

Aug 27, 2024

New law encouraging employees to speak up about workplace harassment or sexual assault 8/20/24

Utah employers should avoid provisions that restrict employees from discussing sexual harassment or assault claims.

Aug 20, 2024

Political party discrimination 8/13/24

Utah employers should avoid negative treatment based on employees political affiliation or activity outside the workplace.

Aug 13, 2024

Mandatory Workplace Posters

Last week our newsletter addressed the importance of holding an annual training about sexual harassment and anti-discrimination in the workplace. While hol...

Aug 1, 2024

Workplace training anti discrimination and harassment 7/23/24

Annual workplace training on anti-discrimination and harassment helps employers reduce legal risk and reinforce employee expectations.

Jul 23, 2024

OSHA sent 7/16

OSHA heat safety guidance reminds employers to protect workers with water, rest, shade, emergency planning, and heat illness monitoring.

Jul 16, 2024

Severance agreements and not adding non-disparagement 7/9/24

Employers should update severance agreements carefully after federal decisions limiting broad confidentiality and non-disparagement provisions.

Jul 9, 2024

Holidays July 2, 2024

Holiday policies are flexible for employers, but paid holidays, unpaid holidays, overtime, and religious observances should be handled clearly.

Jul 2, 2024

California updates June 26, 2024

California employers should review 2024 updates on minimum wage, sick leave, reproductive loss leave, non-competes, cannabis, and workplace violence.

Jun 26, 2024

Pregnant Workers Fairness Act June 18th 2024

The Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions.

Jun 18, 2024

Salary Threshold Increase June 11th 2024

Employers should start planning for increased federal salary thresholds and decide whether to raise exempt salaries or change roles to hourly status.

Jun 11, 2024

California Workplace Violence Protection Plan June 7th, 2024

California employers with ten or more employees must implement workplace violence prevention plans, training, and violent incident logs.

Jun 7, 2024

No More Non Competes (FTC) May 7th 2024

The FTC announced a nationwide non-compete rule, but employers should watch court challenges before revising non-compete agreements.

May 7, 2024
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