Author Archives: bjacky87

I want to try and put this as delicately as I can. The Utah Labor Division in the past has had some issues. There was an audit placed on them which came out with very unfavorable results on how the division was conducting workplace discrimination claims. This had to do with the amount of individualsContinue reading “What you should know about Utah Discrimination claims”

“Civil law claims for fraud punish false statements that are intended for others to move or act and rely on the false statement generally related to economic activity or causes some kind of economic harm.” I. The principles and basics behind fraud Fraud is a lie. The law and society frowns on lies and fraudContinue reading “Utah Fraud or Fraudulent Misrepresentation”

The following case below, Berube v. Fashion Centre, is an important aspect of Utah Employment Law and specifically the at-will doctrine. Here, the Utah Supreme Court outlines the history of the at-will doctrine and how it developed. It also notes the exceptions that has been made to the at-will doctrine through time. Essentially, the at-willContinue reading “Utah at-will under Berube v. Fashion Centre”

Am I an exempt or non-exempt employee? That is an important question to know as it could affect how much you could actually be making. Today, many companies in Utah in the employment field hand out the position of “manager” like candy. A lot of times, the definition of manager is abused to avoid payingContinue reading “Are you an exempt or non-exempt Utah employee? (It would be good to check!)”

A. Sovereign immunity and its history It is hard to sue the government. The government has lots of immunity protection from being sued. It is based on the legal doctrine known as “sovereign immunity” where the underlying principle is “the King can do no wrong” derived from early anglo-saxon law, meaning the King cannot beContinue reading “The Government Employee Hoop Requirements for claims against its Government Employer”

The 10th Circuit recently made a ruling on a age and reverse discrimination claim in Palzer v. Coxcom, LLC. Palzer made claims that his supervisor was purposefully hiring individuals from other minorities and claimed his supervisor said, “We have enough white men in the group. We need to hire diversity.” His supervisor denied the remarkContinue reading “Think you have a discrimination claim? Here are a few things to consider.”

What is a severance agreement in Utah? A severance agreement in Utah is contract terms between an employee and an employer when the employment relationship is terminated. A severance agreement typically contains some kind of payment to the employee in addition to wages earned. The basis for a severance agreement can be to compensate theContinue reading “What you need to know about severance agreements in Utah”

Child labor has been a pervasive issue throughout human history. In many societies, children were expected to work from a very young age to support their families. In some cases, children were even forced to work in dangerous conditions, for long hours and little pay. The modern world, however, recognizes the rights of children toContinue reading “What you need to know about child labor laws under Utah and federal law.”

The Family and Medical Leave Act (FMLA) is a federal law that was passed in 1993 to provide job-protected leave for employees who need to take time off from work to care for their own serious health condition or that of a family member. The FMLA is designed to help employees balance their work andContinue reading “What is the Family Medical Leave Act?”

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the United States. The FLSA was signed into law by President Franklin D. Roosevelt in 1938 and is enforced by the Wage and Hour Division (WHD) of the U.S. Department ofContinue reading “What you need to know about the Fair Labor Standards Act”