Author: Ryan Frazier, Attorney, Kirton McConkie

Utah Bans Nondisclosure Agreements for Sexual Harassment and Misconduct

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]

Number of Employer Union Election Requests Sees Huge Increase

The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]

Companies’ Online Recruiting Should Comply with Other State Laws

During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to […]

EU Passes Artificial Intelligence Act

Congress and the Biden administration continue to focus on regulating artificial intelligence (AI). Despite that attention, however, no comprehensive legislation or regulations applying to AI have been implemented at the federal level. In contrast, the European Parliament passed the Artificial Intelligence Act on March 13. The legislation was three years in the making and will […]

New EEOC General Counsel Calls Bias Damages Caps ‘Unacceptable’

In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally unacceptable.” Currently, total compensatory and punitive damages are capped for the largest companies at $300,000. Congress established the limits when it passed the 1991 revision to Title VII […]

Recent Litigation Offers Guidance for Employers Amid Ongoing DEI Backlash

After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered some guidance to beleaguered corporations trying to determine how to avoid litigation over their DEI programs. Guidance on Race-Neutral Admission Policy In […]

Recent Pandemic Decisions Embolden NLRB, OSHA Collab

The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]

Managing Implications of Remote Employees Working in Multiple States

Remote work has been all the rage in recent years. Initially, employees were working from home because offices were closed by government mandate. While working from home, employees were usually working in the same town or neighboring suburb as their normal office space. As remote work has become a more permanent part of the white-collar […]

Ask the Expert: FMLA Eligibility Requires Treatment Within 7 Days of Incapacity

Question: One of our employees has been in and out with cold and flu symptoms, but he was recently diagnosed with strep throat. The leave originally wasn’t classified as Family and Medical Leave Act (FMLA) leave, but because the official diagnosis occurred almost a month after the first missed workday, does the time he took off […]

Wellbeing 101: How Healthcare Leaders Provide Support and Build Resiliency

Being a nurse is difficult. The job entails long hours, substantial workloads, and the heavy emotional burden of guiding patients through some of the toughest moments of their lives. Nurse wellbeing is essential to the success of a health system, and it is the CNO’s job to make sure they are providing programs and support […]