Join SL SHRM
The Employment Team at Parsons Behle and Latimer will address the most significant employment updates over the last twelve months. Highlights of the presentation include newly issued guidance from the EEOC, NLRB decisions that impact non-union workplaces, a rundown of recent employment-related U.S. Supreme Court decisions, a Utah legislative update including details about the newly enacted Workplace Violence Protective Order law and an overview of bills pending in the 2024 session, important wage and hour developments arising from the US Department of Labor, and ADA caselaw trends.
About the Speakers:
Christina M. Jepson Esq.
Christina has dedicated her career to assisting employers in navigating the complex web of federal and state employment laws. Christina helps companies handle a variety of employment issues including conducting training, preparing agreements and policies, counseling regarding complicated employee issues, advising regarding terminations, and defending lawsuits. Christina brings creative approaches to difficult employee issues. Christina previously served as the chair of the firm’s Employment & Labor Law department for 10 years and is the past chair of the Labor and Employment Section of the Utah State Bar. Christina is ranked as a top labor and employment lawyer by Chambers and Partners USA (Tier 1), Utah Business Magazine Legal Elite, Intermountain States Super Lawyers, and Best Lawyers in America.
Christina is an adjunct professor of law at the University of Utah S.J. Quinney College of Law. She teaches Labor and Employment Law in the Master of Legal Studies program. She also teach a litigation skills class in the Juris Doctor program. She is the past president of the University of Utah S.J. Quinney College of Law Board of Trustees.
Michael Judd Esq.
Michael is a commercial litigator focused on competitive issues. His work includes employment litigation where he represents employers in cases related to employee movement, compensation and compliance with state and federal law, including the ADA, FLSA, and FMLA.
Michael’s practice also includes complex business and intellectual-property matters, including trade-secret disputes, enforcement of restrictive covenants and anti-competitive business practices.
In his First Amendment practice, Michael also represents clients, including news media organizations, in matters that enable reporting and public oversight through access to government records, defense of defamation claims and similar legal issues.
Michael Patrick O’Brien Esq.
Michael partners with employers in many industries to prevent and solve employment problems.
He works with the local and national Society for Human Resource Management (SHRM) and has served as the legal and legislative director for Utah SHRM and Salt Lake SHRM. For such services, National SHRM honored him with its prestigious Capital Award, which was given annually to one of SHRM’s 300,000 members worldwide. Utah SHRM has given him its Award for Professional Excellence.
Michael counsels employers on how to minimize and manage risks, including those involving: civil rights, discrimination, the Americans With Disabilities Act (ADA), sexual harassment, other harassment, retaliation, the Fair Labor Standards Act (FLSA), payment of wages, overtime pay and exemptions, employee benefits, drug and alcohol testing, workplace violence, the Family and Medical Leave Act (FMLA), the Equal Employment Opportunity Commission (EEOC), affirmative action, unemployment compensation, employee misconduct, investigations, unions, unfair labor practices, the National Labor Relations Board (NLRB), employment contracts, noncompetes, defamation, torts, wrongful discharge, mediation and arbitration.
He represents employers when disputes become lawsuits.
He has successfully handled hundreds of cases before administrative agencies, trial courts, juries, arbitrators, mediators and appeals courts.
Michael works with clients regarding preventative employment law activities, such as investigations, supervisor and employee training, policy and handbook reviews, job descriptions, human resource audits and counseling on day-to-day employee problems.
He has published numerous articles on employment law topics.
He is a popular public speaker, often addressing the news media and local and national employer groups on various employment law trends and issues.
Michael serves as a mediator in employment law disputes.
Paul R. Smith Esq.
Planning how to manage a company’s workforce and IP can take many forms. From a workforce standpoint, Paul works with companies to ensure they have appropriate terms, conditions, and policies governing their employees. This often takes the form of reviewing, drafting, and revising employee handbooks and employment agreements, including non-solicitation and non-compete agreements. Paul also frequently provides trainings for HR managers, supervisors—and employees at every level—on various topics, including harassment, workplace civility, and conflicts of interest.
To assist companies in managing their IP—for example, proprietary concepts and ideas, confidential information, and brand recognition—Paul performs IP portfolio audits, first investigating the protective strategies the companies are currently employing and then recommending alternative or additional measures to be implemented. Paul has years of experience in obtaining federal registrations for trademarks and copyrights, and developing strategies to protect trade secrets.
While planning is a crucial step in managing workforce and IP, it’s not enough by itself—companies must also protect themselves. In the employment arena, Paul regularly defends companies against discrimination, retaliation, and wrongful termination claims brought under the ADA, FMLA, ADEA, USERRA, Title VII, and state law. Sometimes this means simply responding to demand letters; other times it’s participating in administrative investigations brought by the EEOC and its state counterparts; often it’s defending against claims brought in state or federal court. Paul has experience at every stage of defense. But sometimes the best defense is a good offense. When former employees violate their non-solicitation or non-compete obligations, Paul can assist companies in enforcing those obligations—from drafting cease and desist letters to filing and prosecuting lawsuits.
The need for protective action also arises in the IP context. Paul regularly litigates trademark, trade-dress, patent, and copyright infringement cases and trade secret misappropriation cases in state and federal court. Sometimes companies find themselves enforcing their IP rights in an offensive position—as the plaintiff in a lawsuit—other times they have to enforce their rights from a defensive posture. Paul is experienced in representing IP plaintiffs and defendants.
Paul’s experience includes representing companies in other litigation contexts, ranging from general commercial and contractual disputes, to enforcing creditors’ rights in the bankruptcy context. Paul acts as legal counsel to the Special Master of two general adjudications of water rights in the State of Utah. While Paul has years of experience litigating at the trial-court level in state and federal court, he also has considerable experience at the appellate level, briefing and arguing cases before the Tenth Circuit Court of Appeals, the Utah Court of Appeals, and the Utah Supreme Court.
Mark D. Tolman Esq.
Mark practices employment law and commercial litigation in matters before state and federal courts, the Utah Labor Commission and Equal Employment Opportunity Commission. He was recognized by the Utah State Bar as the 2018 Labor & Employment Attorney of the Year. Mark litigates cases involving complex factual and legal matters, including employment discrimination, harassment and retaliation, breach of fiduciary duty, covenants not to compete, solicit, or disclose confidential information, interference with contract, trade secrets and defamation. Mark has tried cases before state and federal courts and before the Adjudication Division of the Utah Labor Commission. He has also argued cases to the Utah Supreme Court, the Utah Court of Appeals and to the United States Tenth Circuit Court of Appeals. Most importantly, Mark helps his clients avoid litigation by daily counseling on employment law problems, developing preventative practices and policies and providing regular inhouse training.
Mark also volunteers as the Director of Legal Affairs for the Utah SHRM State Council and as Co-Director of Legal Affairs for Salt Lake SHRM. Mark is a regular presenter at SHRM events and provides a monthly Ask a Lawyer webinar for members of Salt Lake SHRM.
Elena T. Vetter Esq.
Elena defends employers in cases involving discrimination, harassment, civil rights, wage and overtime pay, and wrongful discharge claims arising under state and federal law, including claims involving the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and others. Elena also advises employers with compliance, helping them develop proactive, preventative employment policies.
Elena represents clients involved in complex business disputes and litigates claims arising out of breach of contract and contract interference, non-competition and non-solicitation agreements, and other competitive issues. Elena’s intellectual property experience includes trademark issues, copyright claims and infringement.
In her First Amendment practice, Elena assists organizations and individuals seeking to obtain public records and litigates records-access disputes arising under statutes like the Government Records Access and Management Act (GRAMA).
