Labor and Employment Law Blog

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company, Ltd., v. Labor Commission and Sergio Herrera, 2022 UT App 18, the Utah Court of appeals was asked to consider whether an […]

February 14, 2022 | 3 min read | Tagged: Agreement, Independent Contractor, Utah

Mark Morris Partner

Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid

On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage and hour class action was filed and certified against the employer, the employer modified its […]

April 28, 2018 | 1 min read | Tagged: Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages

Anne E. Dwyer Counsel