Utah Employment Legal Questions

Generally, agricultural employees are exempt from the overtime pay provisions of the Fair Labor Standards Act. So the employees who work in agriculture do not have to be paid time and one half their regular rates of pay for hours worked over 40 in a week. See the Department of Labor Fact Sheet on exemptions for agricultural workers.... Read More

I do not know the answer to your question. Perhaps this will help: You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More

Two things: did you sign a release for them to do the background check and was the release separate from the application; second, did they tell you what in your background caused you to fail. Under the FCRA, they are obliged to tell you what caused the failure to give you a chance to rebut it.... Read More

Yes, in general employment in Utah is at-will and you can be fired or demoted for any reason or no reason at all.  Ordinarily, your remedy is to find other employment.  The primary exceptions to this rule are discrimination and breach of contract.  An employer cannot treat you differently from others simply because you belong to certain protected groups, i.e., as a woman, member of a racial minority, foreign national, member of a particular religion, etc.  An employer is also required to follow any employment contract that you might have, including any requirement that you can only be demoted for cause, or that you have the right to appeal such decisions. Depending on the circumstances, you may want to consult an attorney.  If you feel strongly that you have been discriminated against, and have hard evidence to prove it, you should go to the Utah Labor Commission or the federal EEOC and file a charge of discrimination.  There are strict time limits on your ability to do so to which you need to pay attention.  Good luck.... Read More

Assuming that we are speaking of short term disability insurance, the company's obligations are primarily determined by contract, as supplemented and interpreted by applicable law.  It is difficult to determine from the facts given whether or not a preexisting condition may have been involved.  Regardless, a case to obtain any benefits that you are entitled to may be complex and very dependent on the particular facts of your situation.  It may be wise at this point for you to speak with a qualified attorney who can tell you if you have a viable case.... Read More

The law protects employees from discrimination based upon their religion.  In most cases, an employer is required to permit its employees to observe religious holidays and events.  However, in some cases doing so would create a significant hardship for the employer.  I don't really have enough information here to give you any guidance as to whether your particular religious practices would create such a hardship for your employer, so I'd suggest you check with your local civil rights commission or human rights commission.... Read More