1. Employment Law Traps & Tricks Greg Saylin
working solutions
© 2016 Copyright
Fabian VanCott

2. 2016 Employer’s Guide www.fabianvancott.com © 2016 Copyright

3. 2016 Employer’s Guide 2016 Employer’s Guide www.fabianvancott.com
© 2016 Copyright
Fabian VanCott

4. 2016 Utah Update Covenants Not To Compete
HB 251 (One year limit; void if non-compliant; fee shifting; exceptions for reasonable severance agreements and sale transactions)
Reporting of Child Pornography Act
HB 155 (Applies to computer technicians; class B misdemeanor liability; can appoint a designated employee to receive reports)
Pregnancy / Lactation
SB 59 (Amends existing Antidiscrimination Act (15 or more employees) requires reasonable accommodation related to pregnancy, childbirth, breastfeeding or related conditions; protects from adverse employment actions; exception for undue hardship)
© 2016 Copyright
Fabian VanCott

5. Dealing with the Problem Employee
Proactive HR
Identify and Manage Risks
Performance Reviews and Plan
Documentation is our friend
Termination
Exit interviews
Documentation – cause for termination
Severance agreement?
© 2016 Copyright
Fabian VanCott

6. Wage and Hour Seeing more cases in Utah
Liquidated damages and attorneys' fees
Class and collective actions
Misclassification – exempt v. non-exempt
Annual audits
Minimum salary level increase – $913 per week ($47,476 annually)
Effective December 1, 2016
21 states and U.S. Chamber of Commerce filed lawsuit challenging the increase
© 2016 Copyright
Fabian VanCott

7. Covenants Not to Compete
Will 2017 bring more statutory changes?
Onboarding
Policies / agreements against bringing documents or electronic data
Be aware of new employee's obligations / agreements
Non-solicitation provisions
If your former employee is violating obligations
© 2016 Copyright
Fabian VanCott

8. Harassment Frequent subject of Utah litigation
Sexual, racial, age, gender, religion
Hostile work environment
Supervisors must understand their reporting obligations
Investigate/address complaints
Documentation
Annual training
© 2016 Copyright
Fabian VanCott

9. Retaliation Often higher risk that the underlying complaint
Discrimination, harassment, safety, etc.
Difficulty of protecting from supervisors
Watch for adverse employment actions
Moving the complaining employee
Proactive HR – follow up
© 2016 Copyright
Fabian VanCott

10. Handbooks and Agreements
Annual review
Not everything needs to be in the handbook
Progressive discipline
Key provisions
At-will; change handbook; harassment/reporting
Agreements
Offer letters
Confidentiality / non-compete
Severance
© 2016 Copyright
Fabian VanCott

11.
© 2016 Copyright
Fabian VanCott

12. Questions? Greg Saylin 801 323-2286 gsaylin@fabianvancott.com
© 2016 Copyright
Fabian VanCott