We invite you to attend Fabian VanCott’s annual Employment Law Seminar.  It will be held on Monday, May 15, 2017 at the Marriott City Center Hotel at the Gallivan Center.  We will be addressing key issues for Utah employers, including practical insights and updates on changing laws.  Breakfast and lunch will be provided, and all attendees will receive a copy of our new 2017 Employer’s Guide.

We are pleased to announce that this year’s keynote speaker will be U.S. Congressman Jason Chaffetz.  Representing Utah’s 3rd Congressional District, Congressman Chaffetz is the Chairman of the House Oversight & Government Reform Committee and a member of the House Judiciary Committee.  Prior to his election to Congress, he served in the Huntsman Administration as the Governor’s Chief of Staff, and has a great deal of experience with Utah’s business community.  Mr. Chaffetz will speak about what Utah employers might expect as new laws and policies are adopted in the ever-changing legislative and political environment.

Employment Topics will include:

  • Utah law update and introduction of 2017 Employer’s Guide
  • 2017 update to federal law and agency decisions for employers
  • Protecting your company against raiding of employees, customers, and trade secrets
  • Wage and Hour class action lawsuits
  • HR and OSHA investigations
  • Best Practices for employee handbooks, HR policies, and employment agreements
  • ERISA, ACA, and employee benefits
  • Ethics considerations for employers and their counsel
  • Protection against claims of discrimination, harassment and retaliation

Monday, May 15, 2017
Marriott City Center Hotel at the Gallivan Center
220 South State Street
Salt Lake City, Utah 84111

Conference Brochure

Please contact Greg Saylin, Employment Group Chair, with questions.
801.323.2286 or gsaylin@fabianvancott.com

Click here to register



Who do you Represent? To do what?  … and who told you to do that???

Place: Zions Bank Founders Rooms, One South Main Street, 18th Floor 
Date: 15 Feb 2017 11:30 AM MST

Keynote Speaker Scott R. Sabey, of Fabian VanCott, will be discussing

  • The Nature & Scope of Agency
  • Creation of the Agency Relationship
  • Duties, Rights & Remedies
  • Power of Agent to Bind Principal
  • Vicarious Liability of Principal for Acts of Others
  • Imputed Knowledge
  • Termination of the Agency Relationship

1 hour of Core CE Credit

More information and online registration: Lunch & Learn – AGENCY 

Mr. Scott R. Sabey, an attorney with Fabian VanCott will be presenting on the topics of Adoption and Amendment of Zoning Ordinance and Map, and Dealing with Special Zoning Issues at the National Business Institute’s (NBI) Practical Guide to Zoning and Land Use Law Seminar on May 10, 2017 at the Hampton Inn – Downtown Salt Lake City, Utah from 8:30 am to 4:30 pm.  Mr. Sabey has more than 20 years of experience in a practice centered on real estate development and related litigation.  He works with clients in development of shopping malls, resort condominiums, water companies, and hospitals, as well as financing for large scale residential developments.  To register for this seminar, go to www.nbi-sems.com or call 800-930-6182.

Presented by Fabian VanCott’s Corporate, Employment and Intellectual Property Practice Groups.

Please join us for our annual update on recent developments in corporate, employment, and intellectual property law. We will cover topics on the impending changes to the IRS rules on business valuations, data privacy issues in corporate transactions, trade secret protections, recent developments in patent law, general employment updates including the new Utah statute on non-compete agreements, and the new wage and hour standards on salaried versus non-salaried employees. You will come away from this seminar with a better understanding of the issues that are or will be affecting your business in the coming months. Lunch will be served at this event, and CLE, CPE and HR CE credit will be available for attendees. We look forward to seeing you there.

Date: Wednesday, November 9, 2016

Time:  Registration: 11:30 a.m. – 12:00 p.m.
Program: 12:00 p.m. – 2:00 p.m. – Lunch will be served.

Location: Marriott City Center Hotel at the Gallivan Center, Olympus Ballroom, 220 South State Street, 2nd Floor, Salt Lake City, UT 84111

Event Registration:


Contact:  Kyle Jones at kjones@fabianvancott.com or (801) 531-8900

Seminar Brochure

On May 18, 2016, the Department of Labor published a Final Rule updating the salary and compensation requirements for executive, administrative, and professional employees. It fundamentally changes the qualifications for exempt status under the overtime requirements of the Fair Labor Standards Act (FLSA). The Final Rule’s admitted purpose is to extend overtime pay to an estimated 4.2 million workers who are currently classified as exempt. Before the Final Rule takes effect on December 1, 2016, it is important that employers identify affected employees and plan to either compensate them as “non-exempt” (including application of overtime rules as well as record and timekeeping requirements), or increase their compensation to meet the prerequisites of the Final Rule.

In summary, the Final Rule does the following:

  • Sets the minimum salary threshold at $913 per week or $47,476 annually for a full-year worker – doubling the previous minimum threshold;
  • Allows employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new minimum salary threshold, with certain limitations;
  • Sets the total annual compensation requirement for highly compensated employees at $134,004; and
  • Establishes a mechanism for automatically updating the salary and compensation levels every three years, beginning on January 1, 2020.

The Final Rule can be found at: https://www.dol.gov/whd/overtime/final2016/overtime-factsheet.htm.

As many employees will not welcome a change to “non-exempt” status, employers should take care in determining how best to accommodate the required changes, keeping in mind that an employee cannot waive the classification requirements. As both federal and state wage and hour laws are complex and have intricacies that are not always obvious or intuitive, employers are urged to seek legal counsel with questions or when the appropriate classification is not clear. We take this opportunity to remind employers that best practices encourage conducting a periodic classification audit of all positions in order to ensure compliance with ever changing wage and hour requirements, and that changes in classifications require some strategic consideration to avoid highlighting potential liability to plaintiffs’ lawyers.

If you have questions or need assistance in complying with the Final Rule or determining the best approach, please do not hesitate to contact any member of the Fabian VanCott Employment & Labor Group.

Fabian VanCott’s Employment & Labor Group is pleased to host their 2016 Employment Law Seminar on May 11, 2016, addressing key issues for Utah employers, including practical insights and updates on changing laws. Breakfast and lunch will be provided, and all attendees will receive a copy of our new 2016 Employer’s Guide.

While attendance is free, space is limited. We encourage you to register soon.

Seminar panels and presentations will include:

      • Utah law update and introduction of 2016 Employer’s Guide


      • 2016 update to federal law and agency decisions for employers


      • Protecting your company against unlawful competition, including misappropriation of confidential information, trade secrets and other intellectual property


      • Wage and Hour laws and compliance


      • The problem employee – investigations, discipline, termination and protecting against claims of retaliation


      • Employee handbooks


      • Employment and separation agreements


      • Sexual harassment and discrimination training


    • Ethics considerations for employers and their counsel

Conference Brochure

Wednesday, May 11, 2016
Marriott City Center Hotel at the Gallivan Center
220 South State Street
Salt Lake City, Utah 84111


Please contact Greg Saylin, Employment Group Chair, with questions.
801.323.2286 or gsaylin@fabianvancott.com

Fabian VanCott attorneys are presenting a one-day seminar on the state of water rights in Utah.  Topics and presenters are:

Prior Appropriation Water Law Made Simple – Rosemary J. Beless
Legislation, Regulation and Case Law Update – Kirsten R. Allen and Jason D. Steiert
Water Rights Evaluations – Jim Riley
Handling the Application, Lease, Transfer and Sale of Water Rights – Rosemary J. Beless
Handling Water Rights Disputes: Adjudication Procedures and Litigation Tips – Rachel S. Anderson and Artemis D. Vamianakis
Current Issues, Legal Challenges and Recent Trends – Rachel S. Anderson, Matthew S. Brahana, H. Michael Keller and Jason D. Steiert
Ethics and Water Law – Matthew S. Brahana and H. Michael Keller

April 15, 2016
Hampton Inn – Downtown Salt Lake City
425 South 300 West – Salt Lake City, Utah 84101
Phone: 801-741-1110

Click here for more detailed information, Water Rights in Utah Seminar.

At the stroke of midnight last night, Utah’s 2016 Legislative Session came to a close.  Several new laws were passed that will impact Utah employers.  Here are a few highlights:

Non-Competes.  Many of you have been following House Bill 251 that took aim at covenants not to compete.  After much disputing and negotiating, the final version of the bill (entitled the Post-Employment Restrictions Act) makes void any post-employment restrictive covenants of more than one year in duration (expressly excluding nonsolicitation, nondisclosure and confidentiality agreements) entered into on or after May 10, 2016.  Employers should beware that any non-complying noncompete provision will be void and unenforceable – not just limited to a one year enforcement period.  Employees may also recover fees and costs if litigating against a void covenant.  Employers should carefully review employment agreements and other instruments, as well as policies and procedures to ensure compliance.  We recommend review of these forms by counsel.  The Act has exceptions for “reasonable” severance agreements, and non-compete agreements stemming from the sale of a business under some circumstances.   (By Greg Saylin)

Computer Technicians.  Utah passed a law requiring the Reporting of Child Pornography, including criminal penalties for those who violate it.  A computer technician who comes across what is or appears to be child pornography on a computer or other electronic device in the course of employment must report that image or be guilty of a class B misdemeanor. The report must be made to either: (1) a state or local law enforcement agency, or the Cyber Tip Line at the National Center for Missing and Exploited Children, or (2) an employee designated by the employer to receive and forward any such reports to one of the aforementioned agencies. The technician will not be held liable for failing to report the image based on a reasonable belief that the image was of a person 18 years or older.  Moreover, a technician or designated employee acting in good faith in either making or not making a report is immune from criminal or civil liability related to reporting or not reporting the image.  Employers should train their computer technicians on the reporting requirements and consider designating a manager to receive reports from employees.   (By David Kelley)

Accommodations for Pregnant or Breastfeeding Employees.  Senate Bill 59 amends the Utah Antidiscrimination Act to require that all covered employers (including any person with fifteen or more employees) provide a requesting employee with a reasonable accommodation related to pregnancy, childbirth, breastfeeding, or related conditions.  The employer may not terminate or deny employment opportunities on the basis of the above listed conditions.  There is an exception to the requirement to provide a requested accommodation when it would be an undue hardship, defined as creating “significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity’s financial resources, and the nature and structure of the entity’s operation.”   Employers should train supervisors and managers on the new requirements to ensure compliance.  (By Kirsten Allen)

If you have questions or need assistance, please contact your Fabian VanCott attorney or any member of the Employment & Labor Group.

Employment & Labor Practice Group



For those of you following the progress of House Bill 251, Fabian VanCott shareholder Greg Saylin attended the public forum this morning hosted by the Chamber’s working group and Speaker Hughes, Sen. Adams and Rep. Schultz at the State Capitol. While further amended (HB0251S03_021), the bill continues to progress and is scheduled for committee hearing this afternoon at 4:00 pm in Senate Building 215. This morning, significant and influential members of the business community voiced strong and passionate stands both for and against the bill. Some felt strongly that noncompetes should be abolished in their entirety and that the current version of the bill does not go far enough, and a few of Utah’s biggest employers announced at the forum that they will no longer enforce their noncompete agreements regardless of the outcome of the legislation. Other business leaders expressed that the bill is dangerous to the economy and to Utah’s status as one of the most business friendly states, and that in its present form, the bill would be injurious to their businesses and their ability to protect their hard-fought goodwill and the significant investments made in their employees. Others recognized that there are concerns that need to be addressed, particularly the misuse of noncompetes by “bad actors,” but that the bill should be postponed so that it can be more fully vetted and honed prior to the next legislative session. What is clear is that there is no consensus in the business community as to House Bill 251.

If you have an opinion about the legislation and have not conveyed it to your state senator or representative, we urge you to consider contacting them or attending this afternoon’s hearing. If you need your representatives’ contact information, please click here. With the Senate hearing today and the legislative session quickly coming to a close, the fate of the bill will be decided shortly.

As always, if you have questions or concerns, please do not hesitate to contact your Fabian VanCott attorney. Once the outcome is determined, we will advise clients about strategy, modifying employment agreements and policies, and addressing concerns about protecting their business interests.

Employment & Labor Practice Group

This article is to update you about the status of House Bill 251 (Post Employment Restrictions Amendments) pending in the Utah Legislature that concerns employee noncompete agreements.  A significantly revised bill unanimously passed through the House yesterday, and now is being sent to the Senate for consideration.  The revised bill is available here: H.B. 251 Post-employment Restrictions Amendments

Highlights of the changes since our last update include:

•Express exceptions for nonsolicitation and confidentiality agreements
•Added protections for employer proprietary, confidential or trade secret information
•No application to agreements entered into prior to July 1, 2016
•While somewhat unclear in its application, the new language permits restrictive covenants that have the purpose of protecting proprietary, confidential or trade secret information, an employer’s business relationships with customers or employees, or investments made in an employee’s training, education or signing bonus
•An exception for noncompete agreements related to the sale of a business
•An exception for severance agreements signed at or after termination
•Codification of case law that restrictive covenants must be reasonable in time, scope and geography

While the changes significantly address some of the concerns of employers, we urge you to continue to monitor the progress of this important legislation and contact your legislators with your input. We will keep you apprised of the outcome and whether you need to adjust your contracts, policies and practices. As always, please contact your Fabian VanCott attorney with questions or if you would like to discuss further.

The full text of the bill can be found at:  Post-Employment Restrictions Amendments
The Employment & Labor Law Practice Group