Rick Hymas‘ practice focuses on employment law. He practices out of our Salt Lake office, and he’s one of the best for employment law matters.
One employment law topic that intrigues me is the law against Company Stores. The classic example of this is paying a poor coal miner (the employee) in mere credits that can only be spent at the employer’s over-priced store. Those stores were pretty awful, as in the song “16 tons.” As a result, most states require all wages to be paid in real cash. Utah’s law for this is at Section 34-28-3(1)(e).
Most company’s comply with this rule on their own. But it’s the tip of the iceberg. If you have an issue about who should get overtime, who all must participate in the company’s 401(k), how to truly avoid work-place discrimination, drafting employee agreements, or enforcing non-competes, you are in the thick of employment law in all its complexity. In these areas, legal advice is crucial.
I first made a list of what I call “legally enforceable puns” in 2010. This new addition seems to have originated with an attorney-drafted document. The draftsman must have been bard of document review.
Wm. Kelly Nash, a litigator from D|J|P’s Lehi office.
Douglas R. Richmond, of Aon Risk Solutions presents a CLE to the attorneys of Durham Jones & Pinegar at the firm’s annual retreat on May 15, 2015. Mr. Richmond presents with a combination of expertise, practical advise, and humor aimed at improving the conduct of attorneys. Learning about multi-million dollar malpractice cases does help an attorney “get religion.”
My favorite take-away: “Sometimes, I just wish attorneys would shut up.” And that is not crass or uncaring. California has a flowery statute that says the same thing: “It is the duty of an attorney. . . to maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.”
Senator Curt Bramble provides a legislative update to the Utah Estate Planning Council on April 1, 2015, shortly after the close of a historic legislative session. Of particular note to estate planners, He successfully opposed a bill intended to gut Utah’s asset protection trust statute. Senator Bramble also fielded questions, and commented on the ongoing project to relocate the state prison. The caption is fictional.
Robert S. (Rust) Tippett recently spoke at the 2014 UVU Business & Economic Forum, in a presentation on asset protection in Utah. Rust practices estate planning with Bennett Tueller Johnson & Deere, authors The Utah Law of Trusts & Estates: A Comprehensive Online Legal Reference Treatise, and helped draft the new statute for Utah’s improved asset protection trust.
Utah State Senator John Valentine presented earlier today at the monthly Utah Valley Estate Planning Council luncheon. He gave a fresh update on Utah’s recent legislative session, including his successful bill for adopting B-Corporations in Utah.
Greg Matis, Senior Counsel at SelecthHealth and Intermountain Healthcare, recently presented at the Utah Valley Estate Planning Counsel in Provo, Utah, and covered the Affordable Care Act– with a James Bond twist. Like a good James Bond film, the Affordable Care Act is known for sex (contraception), drugs (Rx), and a well-dressed protagonists (see the bow tie?). His presentation was focused on practical considerations and objective analysis– as you would expect from a highly-trained field operative.
Fraser Nelson , executive director of the Community Foundation of Utah (pictured below) recently gave a presentation at the Utah Valley Estate Planning Council on non-profits, DAFs, and her foundation’s role in Utah. Special thanks to Fraser Nelson for her input on this diagram.
Sometimes, even Estate Planning attorneys go to court. The hearings I usually attend are very brief, and I observe hearings from other cases until mine comes up. Some people (who do not hire a lawyer) think that when their case first comes before a judge, they can explain the unfairness of it all, and have a chance at victory. Unfortunately, you can lose a lawsuit without ever even being invited to a hearing– so long as you ignore the proper paperwork. By the time the other side drags you into court, it is too late to talk about fairness or amounts you owe. At that point, they just want to ask about the equity in your home (and the Judge will help them). Do yourself a favor: if you get sued, pay attention to the early phases of the lawsuit.