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Recent Articles
AI Glasses in the Workplace: A Small Device with Big Legal Risk
Learn how AI smart glasses create workplace privacy, recording, confidentiality, and accommodation risks, and what policies employers should update now.
What Makes a Workplace Investigation Credible?
Learn what makes a workplace investigation credible, including objectivity, timing, documentation, anti-retaliation protections, and when to use an outside investigator.
Policy, Contract, or Law: Knowing the Difference Matters
Understand the difference between legal obligations, enforceable contracts, and company policies so workplace decisions do not become avoidable legal problems.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Accommodating Neurodiverse Employees
Learn how employers should respond when neurodiverse employees request accommodation, including ADA forms, job descriptions, and the interactive process.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Free Speech in th Workplace
Guidance for Utah private employers on regulating workplace speech, off-duty expression, and speech-related policy enforcement.
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.
I-9 Compliance and Penalties for Knowing Violations
A reminder for employers about I-9 compliance, knowing violations, potential penalties, and proactive audit practices.
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.
The Importance of Wage Audits
Learn why wage audits help employers catch misclassification, overtime, payroll, and pay equity issues before they become costly claims.
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.
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.
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.
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....
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...
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...
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...
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...
Welcome to Class - Wage Garnishment 101
Wage garnishment requires careful employer compliance. Learn key obligations, withholding limits, employee protections, and recordkeeping practices.
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.
Classifying Independent Contractors v. Employees
Worker classification affects wage and hour obligations. Review practical questions employers can use when evaluating contractors versus employees.
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.
Employer References
Reference checks can create legal risk. Learn what employers can safely confirm and how Utah reference immunity applies.
Do I have to pay overtime if the extra hours were not approved?
Simply stated – Yes. But there's more...
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...
If you didn’t document it, did it really happen?
Employee documentation helps employers defend workplace decisions, apply policies consistently, and reduce legal risk.
Business and personal cell phones
Clear device and privacy policies help employers manage company and personal cell phone use while reducing legal risk.
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...
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...
Updated with new administration
Recent federal policy shifts under the new administration may affect employment laws, DEI programs, and labor relations.
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.
Workplace Accommodations
Employers should handle accommodation requests through a documented interactive process that complies with disability laws.
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.
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.
Overpayment of wages 1.7.25
Occasionally, in the course of running payroll, an employee is overpaid. What are your rights as an employer?
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.
BOI 12.10.24
Last week, a federal court temporarily stopped the federal government from enforcing the Beneficial Ownership Information reporting rule.
Salary Threshold Reversed 11.19.24
A federal judge reversed the increased minimum salary threshold for salaried exempt employees, creating questions for employers.
Bonuses and gifts
Holiday gifts, gift cards, and cash bonuses can boost morale, but employers should understand tax and expectation issues.
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.
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.
Discussing Politics at Work 10.22.24
Employers can prepare employees for political discussions at work with expectations, civility reminders, and disruption policies.
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.
Joint employers 10/8/24
Joint employer rules can make one business responsible for another company’s workplace violations in certain shared-control situations.
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.
Age discrimination and severance agreements 9.24.24
Older workers receive age-discrimination protections, and severance waivers must meet specific ADEA requirements.
Tip pools 9.17.24
Employers using tip pools must follow federal rules about who may share in pooled tips and when exceptions apply.
Salary basis 9.10.24
The salary basis test is one requirement employers must satisfy before treating an employee as salary exempt.
Timekeeping records 9.5.24
Business owners should keep detailed and accurate timekeeping records for hourly employees for at least three years.
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.
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.
Political party discrimination 8/13/24
Utah employers should avoid negative treatment based on employees political affiliation or activity outside the workplace.
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...
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.
OSHA sent 7/16
OSHA heat safety guidance reminds employers to protect workers with water, rest, shade, emergency planning, and heat illness monitoring.
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.
Holidays July 2, 2024
Holiday policies are flexible for employers, but paid holidays, unpaid holidays, overtime, and religious observances should be handled clearly.
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.
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.
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.
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.
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.
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Schedule a consultation with our experienced attorneys today. We are located in Draper, UT and serve the entire state.
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