Kirton McConkie PC

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
| Labor & Employment Law, Privacy

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
| Labor & Employment Law, Immigration Law

Broadband declared an essential utility

On September 22, 2015, the White House Broadband Opportunity Council issued a report declaring broadband connectivity an "essential utility."…more
| Communications & Media Law, Energy & Utilities

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 employees…more
| Labor & Employment Law

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 disruptive…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Copyright holders cautioned to be careful about sending takedown notices

In an Opinion issued Monday, September 14, 2015, in Lenz v. Universal, the Ninth Circuit Court of Appeals held that the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a…more
| Civil Procedure, Civil Remedies, Constitutional Law, Intellectual Property

USCIS revising procedures for determining visa availability for applicants

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced changes to reporting immigrant visa priority dates published monthly on the U.S. Department of State’s (DOS) Visa Bulletin…more
| Immigration Law

NLRB decision on joint employment: Should franchisors be worried?

Last week, the National Labor Relations Board (NLRB) issued a highly anticipated decision that broadened its existing definition of joint employers by finding that Browning-Ferris Industries of California Inc. (BFI) was a joint…more
| Labor & Employment Law, Franchise Law

FTC claims authority over cyber security

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued its Memorandum Decision in FTC v. Wyndham Worldwide Corporation, giving the FTC full authority, at least in the Third Circuit, to review and…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Extension of post-graduation OPT for STEM students on F-1 visas invalid

On August 12, 2015, in the case of Washington Alliance of Technology Workers v. Department of Homeland Security (DHS), the Federal District Court for the District of Columbia held that a 2008 DHS interim final rule extending the…more
| Civil Procedure, Education, Immigration Law, Labor & Employment Law, Science, Computers, & Technology

How to choose an adoption attorney for direct adoptions

It is very important to select a knowledgeable adoption attorney who has experience with direct placement adoptions. To find qualified attorneys, go to the American Academy of Adoption Attorneys and find an attorney near you. If…more
| Family Law

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 been…more
| Constitutional Law, Family Law, Health, Labor & Employment Law, Taxation

Recent trends involving the L-1 Visa category for intra-company transferees

This article is the second in a two-part series involving the L-1 visa category for intra-company transferees. The previous article provided an overview of the L-1 visa category and suggested strategies to maximize its use in…more
| Immigration Law, Labor & Employment Law

Do dropped channels mean you can drop your satellite contract?

Salt Lake City — (KUTV) Ted Hansgen is not shy about which is his favorite 24-hour news network channel. "I spend a lot of time watching Fox News," he said. So when Ted was propositioned to switch TV providers this…more
| Commercial Law & Contracts, Communications & Media Law

NLRB General Counsel sets sights on common employer policies

Creation of sound and legally compliant employee handbook policies has been something of a moving target in recent years because of the National Labor Relations Board’s (NLRB) continual review and interpretation of employee…more
| Labor & Employment Law
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Kirton McConkie Building 50 East South Temple
Salt Lake City, Utah 84111, United States

  • 801.328.3600
  • 801.321.4893

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
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Other U.S. Locations
  • Utah
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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