Ryan B. Frazier

Ryan B. Frazier

Kirton McConkie PC

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Latest Publications


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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