I have dedicated the lion’s share of my legal career to assisting employers in navigating the maze of state and federal regulations governing the workplace. After graduating from law school, I practiced management-side labor and employment law at the prestigious labor and employment boutique of Kamer Zucker & Abbott in Las Vegas, Nevada for two years before returning home to Utah.
A healthy portion of my practice is dedicated to compliance. I draft or review employee handbooks, NDAs, employment contracts, restrictive covenants, and employment policies and procedures. I audit my client’s employment practices, and conduct sensitivity training. I counsel on terminations and severance, union avoidance, workplace safety, and unfair labor practices. I recently helped decertify a Teamsters bargaining unit in Weber County. I’m often asked to get involved in workplace investigations. I advise on ADA accommodations, FMLA leave, FLSA exemptions, downsizing, and enforceability of noncompete agreements. I regularly speak to employer groups about new developments in the law.
When disputes arise, I provide vigorous representation at all stages of the litigation process. I have significant trial, arbitration and mediation experience, including first chair jury trial experience. I have also enjoyed significant successes at the appellate level, having achieved victories for my clients in the Ninth and Tenth Circuits and the Utah Supreme Court. Over the years, I’ve had the opportunity to litigate in many areas besides employment law, including construction, business disputes, probate, environmental law, banking, intellectual property, health care, etc. Give me a call to talk about how I can help you.
I share insights on labor and employment issues on Facebook at https://www.facebook.com/EmploymentEsquire/
Society for Human Resource Management (2002 – present)
Northern Utah Human Resources Association (2004- present)
Federal Bar Association, Utah Chapter (2004 – present), Board of Directors (2010-16)
UTAH BUSINESS MAGAZINE, Utah Legal Elite—Labor & Employment Law—2009-21
MOUNTAIN STATES SUPER LAWYERS—Labor & Employment Rising Star—2008-12 and 2014-15
Cystic Fibrosis Foundation—Utah’s Finest—2010—honored for charitable service
Staley v. Workforce Services, Case No. 20200575-CA (Utah Ct. App., Feb. 2, 2021)(affirming denial of unemployment benefits to employee terminated due to concerns of possible violation of noncompete agreement)
Bowles v. Grant Trucking, LLC, — Fed.Appx. —-, 2021 WL 71622 (10th Cir.)(upholding summary judgment on behalf of employer accused of violating the ADA)
MJ. v. Wisan, 371 P.3d 21 (Utah 2016) (dismissing certain claims by tort victim of Warren Jeffs and remanding for jury trial)
Wisan v. City of Hildale, 330 P.3d 76 (Utah 2014) (approving subdivision of city over objection of the city)
Bates v. Utah Ass’n of Realtors, 297 P.3d 49 (Utah Ct. App. 2012) (affirming dismissal of defamation claims)
Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Horne, 698 F.3d 1295 (10th Cir. 2012) (rejecting claims of religious discrimination)
Shurtleff v. United Effort Plan Trust, 289 P.3d 408 (Utah 2012)(affirming order that the State of Utah pay trustee of trust under court supervision)
Mauerhan v. Wagner Corp., 649 F.3d 1180 (10th Cir. 2011)(affirming summary judgment for employer accused of discriminating against recovering drug addict)
West Charleston Lofts I, LLC v. R&O Construction Company, 2010 WL 4128144 (9th Cir. 2010) (reversing district court’s expungment of mechanic’s liens securing general contractor’s unpaid work totaling almost $700,000)
Herriman v. Bell , 590 F.3d 1176 (10th Cir. 2010) (affirming dismissal of claim that creation of new school district violated Fourteenth Amendment)
SFR, Inc. v. Comtrol, Inc., 177 P.3d 629 (Utah Ct. App. 2008) (adopting joint check rule in Utah)
Traco Steel Erectors, Inc. v. Comtrol, Inc., 222 P.3d 1164 (Utah 2009) (affirming trial court’s summary judgment and bench trial award of damages to general contractor incurred when subcontractor abandoned projects)
Trace Minerals Research, LC. v. Mineral Resources Int’l, Inc., 505 F.Supp.2d 1233 (D. Utah 2007) (granting summary judgment on trademark infringement claims)
Brent Brown Dealerships v. Tax Com’n, Motor Vehicle Enforcement Div., 139 P.3d 296 (Utah Ct. App. 2006) (challenging, under the Excessive Fines and Due Process clauses of U.S. and Utah Constitutions, fines levied against car dealerships)