We are positioned to advise and represent clients in all areas of the work place, including wage and hour discrimination, civil rights, unemployment matters, workers compensation, wrongful termination, employee handbooks and manuals, and related litigation. The area of employment and labor is full of potential pitfalls that may trap the unwary employer. The laws related to employment and labor seem to be ever increasing, making it very difficult for the employer to stay current. We not only zealously represent the employer, but we also work closely with them to avoid employment and labor problems before they evolve into costly and time consuming litigation.
Some of the more specific areas in which we practice are:
- Americans with Disability Act - This act protects certain disabled individuals from discrimination in the work place as a result of their disability.
- Fair Labor Standards Act - This act sets out the rules by which overtime and minimum wage pay are regulated.
- Age Discrimination and Employment Act - This act is meant to protect individuals age 40 or over from work place discrimination based upon their age.
- Title VII - This law bars discrimination in hiring and firing practices, as well as promotion, pay, and other areas with respect to race, national origin, gender, religion, or other possible affiliations.
- Family Medical Leave Act - This act requires certain employers to provide its qualified employees up to 12 weeks of unpaid family and medical leave in any given 12 month period.
- Wrongful Termination - Issues of wrongful termination generally center upon the doctrine of at will employment which, in Utah, is presumed to conclude all employees, and which means that an employee may be discharged at any time with or without notice for any lawful reason. The employee may also terminate employment in the same manner. However, there are various exceptions to this doctrine, all of which the employer must be aware and must follow.
- Policy and Procedure Manuals - A well written and current Policy and Procedure Manual can be a very important tool in not only avoiding employment problems, but in also defending lawsuits waged by employees.