Ryan B. Frazier

Ryan B. Frazier

Kirton McConkie PC

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DOL Issues Final Rule Increasing the Salary Threshold for the Overtime Exemptions

The Fair Labor Standards Act (“FLSA”) generally requires employers to pay non-exempt employees overtime compensation for all hours worked over 40 in a workweek. Overtime compensation must be at least one and one-half times...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

Sharing is caring: Are Uber, Lyft drivers independent contractors?

Whether workers are properly classified as employees or independent contractors has been an increasingly hot topic in discussions about the American labor market. Independent contractors are deemed to own their own business,...more

5/16/2016 - DOL Drivers Employee Definition Independent Contractors Lyft Misclassification Sharing Economy Uber

Utah Passes New Law Placing Restrictions on Noncompetition Agreements

On March 9th, 2016, the Utah Legislature passed a bill, which the governor signed, substantially limiting an employer's ability to use noncompetition covenants to prevent former employees from competing against them. The new...more

5/2/2016 - Employment Contract New Legislation Non-Compete Agreements Restrictive Covenants

New Utah law limits use of noncompetition agreements

Many employers are confronted by the problem of former employees using company information or relationships they had access to or developed during their employment. Employers have sought protection by having employees agree...more

4/8/2016 - Employment Contract Former Employee Non-Compete Agreements Proposed Legislation Restrictive Covenants

Employee terminated despite manual’s assurances against retaliation

It is often said that “a promise is a promise,” but what does that adage mean? A promise is a statement or declaration that a person will or will not do something. In most cases, a promise is not enforceable under the law...more

3/22/2016 - Anti-Retaliation Provisions Appeals At-Will Employment Consideration Employee Handbooks Employment Contract Hiring & Firing Public Policy Remand Retaliation Wrongful Termination

Why do employers need employee handbooks?

Our company CEO told me not to worry about drafting an employee handbook. What can I say to change his mind and convince him it’s a good idea to have a handbook? There are many reasons why you should have an employee...more

12/23/2015 - Employee Handbooks Employment Policies Risk Mitigation

Employers: Check the law before checking an applicant's background

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

12/22/2015 - ADA Background Checks Consumer Reports Criminal Background Checks FCRA FTC Hiring & Firing Job Applicants Popular Title VII

Conducting a pay-to-play fantasy sports league may be gambling with the law

Participation in fantasy sports has exploded in the United States in the past few years. Anyone listening to sports radio or watching ESPN will be overwhelmed by advertisements from fantasy football organizations soliciting...more

11/5/2015 - Employer Liability Issues Fantasy Sports Internet Gambling Pay-To-Play Sports Gambling

Is it legal to ask for a social security number on an application?

Q. Our current job application asks for the applicant’s SSN. Is that legal? I feel it might not be a good idea with all the high-profile news of identity theft. Originally published in the Utah Legal Law Letter....more

10/2/2015 - Confidential Information Employer Liability Issues Encryption Hiring & Firing Identity Theft Job Applicants Privacy Policy Social Security Numbers

Do I need to display E-Verify posters?

Q. Are employers that use E-Verify required to post anything special or communicate anything differently to candidates or employees?...more

9/30/2015 - E-Verify Hiring & Firing Posting Requirements Right to Work

Withholding an employee’s wages does not pay

Q. Is it legal to establish a policy stating that if an employee doesn’t turn in a time card at the specified time, he won’t get paid? A. The simple answer is "no." You certainly can establish a policy requiring...more

9/24/2015 - Employment Policies Time Cards Wage and Hour Wage Withholding Wrongful Withholding

Can I ask an employee to stop talking about a harassment claim at work?

One of our employees filed a sexual harassment claim with HR. We conducted an investigation but found no evidence to support her claim. The employee continues to discuss the situation with coworkers, and it’s becoming...more

9/24/2015 - Discrimination Gag Orders Internal Investigations NLRA NLRB Popular Protected Concerted Activity Retaliation Sexual Harassment Workplace Communication

Revisit employment policies in light of Supreme Court’s same-sex marriage ruling

Since December 2013, when the U.S. District Court for the District of Utah concluded that Utah’s definition of marriage as the union between only a man and a woman was unconstitutional, the validity of same-sex marriage has...more

7/29/2015 - COBRA Employee Benefits FMLA Joint Tax Returns Same-Sex Marriage SCOTUS

Do you believe in religious accommodations?

Utah Employment Law Letter - March 2015 Ever since the first Pilgrims settled Massachusetts in 1620, religion has found a shelter—albeit an imperfect one—in what would become the United States. Many European settlers...more

3/27/2015 - EEOC EEOC v Abercrombie Reasonable Accommodation Religious Discrimination Title VII Undue Hardship

Utah passes historic legislation against sexual orientation and gender identity discrimination

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation...more

3/16/2015 - Boy Scouts Discrimination Exemptions Gender Discrimination Gender Identity LGBT New Legislation Religious Institutions Sexual Orientation Discrimination

Right on Target: Employer not liable for investigating wallet theft

Employee theft is a serious problem. Employers may suffer significant losses. When the victim is a third-party customer, the employer may lose customers, credibility, and goodwill. Either way, employers cannot look the other...more

10/27/2014 - Adverse Employment Action Appeals Corporate Counsel Employer Liability Issues Employment Policies Hiring & Firing Retailers Target Theft

Sex Discrimination--No debate. Decision to hire male professor not gender discrimination

Famous college football player and coach Bear Bryant is credited with saying, “I didn’t have a thing to do with picking a coach, and didn’t want to. But I didn’t think they’d pick one I didn’t like.” Bryant’s statement...more

7/15/2014 - Discrimination Employer Liability Issues Gender Discrimination Hiring & Firing Universities

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

5/14/2014 - Appeals Damages Former Employee Hiring & Firing Royalties Software Developers Trade Secrets Uniform Trade Secrets Acts

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier....more

3/14/2014 - Discrimination Employer Liability Issues Hiring & Firing Race Discrimination Termination

Utah Employment Law Letter - February 2014: WORKPLACE ISSUES: Legalization of same-sex marriage in Utah will affect employers

Traditionally, marriage has been defined in the United States and in the state of Utah as a legal relationship between a man and a woman. In 1996, Congress passed the Defense of Marriage Act (DOMA), which allowed states to...more


Utah Employment Law Letter - January 2014: Religious Discrimination: Can’t be covered up: Applicant must request religious...

Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more

2/17/2014 - Civil Rights Act Reasonable Accommodation Religion Religious Discrimination Title VII

Blue Penciling - Hope for Unreasonable or Overbroad Non-Competes

Originally published in The Corporate Counselor - December 2012. Covenants not to compete are fairly common in employment agreements, especially where an employee may have access to confidential information or possess...more

12/24/2012 - Non-Compete Agreements Savings Clause

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