Just as businesses are preparing to ensure compliance with similar laws in California, Colorado, and Virginia, they soon will need to consider a fourth jurisdiction, Utah. On March 24, 2022, Governor Spencer Cox signed a measure enacting the Utah Consumer Privacy Act (UCPA). The UCPA is set to take effect
Articles About Utah Labor And Employment Law.
Utah Amends Vaccination and Testing Requirements to Include Exemption for Previous COVID-19 Infection
On March 22, 2022, Utah Governor Spencer J. Cox signed HB 63 into law, amending legislation passed in the Utah Legislature’s second special session of 2021 related to vaccine mandates in the workplace. The law will become effective on May 3, 2022 (60 days from adjournment of 2022 legislative
Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace
On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees. The law was passed in the Utah Legislature’s second special session of 2021.
Relief from Employer Vaccination Requirements/Mandates
Utah is the 2nd State to Create a Safe Harbor for Companies Facing Data Breach Litigation
In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons (defined below) facing a cause of action arising out of a breach of system security, and establishing the requirements
New Requirements, Recommendations for Utah Employers Amidst COVID-19 Crisis
In response to the spread of the coronavirus (COVID-19), several states have implemented closure orders, shutting down most of their internal operations and requiring most of the public to stay home, or “shelter in place.” While Utah has not yet joined the list of states doing so, employers in Utah should keep in mind certain new restrictions and recommendations while navigating this national pandemic.
Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to Different Standard
Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a pronouncement that private employers are not required to accommodate the use of medical cannabis.
‘Coyotes’ on the Loose at Utah Construction Sites May Be Trouble for Contractors
Following a local television station’s report of labor brokers paying cash to construction laborers to avoid paying taxes for these workers, a Utah state legislator said she plans to introduce legislation in 2020 to increase fines and make subcontractors liable for the acts of these labor brokers.
Utah Amends Three-Year-Old Non-Compete Law For Second Time In Two Years
After enacting its non-compete law on April 7, 2016, Utah has twice amended the law to address additional restrictions on non-competes in the broadcasting industry. Governor Gary Herbert signed the second of those amended bills on March 22, 2019.
Utah And Idaho Enact Employee-Friendly Amendments To Non-Compete Legislation
In the past week, two states have made modifications to their respective non-compete laws. On March 27, 2018, Utah imposed special restrictions on the use of non-compete agreements in the broadcasting industry. One day later, Idaho modified the standard of proof that must be followed when a company seeks an injunction against a former employee or independent contractor who is violating a non-compete covenant.
2016 Utah Legislative Session Employment Law Update
In its 2016 session, the Utah Legislature passed a handful of bills that Utah employers will need to take into account in their workplace policies and procedures. The three bills discussed below were passed by the legislature, signed by the Governor, and are scheduled to go into effect on May 10, 2016.
Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use
Utah has enacted two new laws of importance to employers concerned about trade secrets, customer relationships, and other protectable interests in its 2016 legislative session. The first statute, the Post-Employment Restrictions Act (Utah Code § 34-51-101, et seq.), sets a one-year time limit on non-competition agreements entered into on or after May 10, 2016. The second statute, the Computer Abuse and Data Recovery Act (Utah Code § 63D-3-103, et seq.), establishes a state cause of action with an arguably broader reach than the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
Utah Enacts Post-Employment Restrictions Act
A growing number of states are tightening conditions on restrictive covenants. The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states.1 As of March 22, 2016, Utah has now joined their ranks with its “Post-Employment Restrictions Act,” HB 251.
Utah Supreme Court Expands Wrongful Discharge Claims to Recognize Self-Defense as Public Policy
The Utah doctrine of wrongful discharge claims recognizes self-defense as a clear and substantial public policy under limited circumstances, the Utah Supreme Court has ruled in a 4-1 decision that expands the state’s exceptions to the at-will employment doctrine. Ray, et al. v. Wal-Mart Stores, Inc., 2015 UT 83 (Sept. 17, 2015).
Utah Supreme Court Adopts Presumption of Harm in Trade Secret Litigation
In a 3-2 decision, the Utah Supreme Court has held that there is a presumption of harm for claims made under the Utah Uniform Trade Secrets Act, Utah Code § 13-24-1, et seq., and for claims for breach of a non-disclosure agreement when a former employee takes confidential information or trade secrets from her recent employer. InnoSys v. Mercer, 2015 UT 80 (Aug. 28, 2015).
Utah Supreme Court Highlights Importance of Disclaimers in Employee Handbooks
Guidance for employers seeking to maintain the at-will status of their employees and prevent employee handbooks and policies from becoming implied-in-fact contracts has come from the Utah Supreme Court, confirming the importance of a clear and conspicuous disclaimer prominently placed in an employee manual. Tomlinson v. NCR Corporation, 2014 UT 55 (2014). The Court also stressed that (1) the absence of a disclaimer does not automatically transform an employee manual into a contract, and (2) to be valid, the disclaimer language need not use the magic words, “at-will.”
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