The Utah Business and Employment Lawyer

  Many employees are confronted with situations in which they are not paid all wages they’ve earned, whether in the form of unpaid salary or hourly pay, overtime pay, commissions, bonuses or other compensation. Utah law provides numerous protections to employees who are owed wages during employment or following employment. These protection include claims for breach of contract, unjust enrichment and other common law claims, as well as claims under the Utah Payment of Wages Act, Title 34, Chapter 28 of the Utah Code. Federal law also provides protections for certain types of wage claims. The Utah Payment of Wages Act establishes clear guidelines for timely and complete wage payments to employees and, critically, empowers workers to seek redress if these requirements are violated. If your employer hasn't paid you all the wages you are owed, you have the right to file a wage claim under the UPWA against your employer. Depending on the size of your claim, you can file an administrati...

The U.S. Supreme Court issued a decision earlier this week confirming that an employee can bring a First Amendment Retaliation claim where he suffers an adverse action based upon the employer's mistaken belief that he engaged in protected speech. You can read the decision, Heffernan v. City of Patterson, here . Heffernan involved a police officer who was demoted because of his employer's mistaken belief that he supported the mayor's rival in an election.  In a 6-2 decision, the U.S. Supreme Court reversed the lower court's decision holding that Heffernan's claim that his managers' mistaken belief he was supporting the mayor's rival and his demotion are sufficient basis to raise a First Amendment retaliation claim under Section 1983. The decision was authored by Justice Breyer, with only Justice Alito and Justice Thomas dissenting. The opinion is unquestionably a huge victory for public employees because it focuses on the employer's motivation for t...