Mark Tolman and Jesse Oakeson

Topic: 2020 Employment Law Update

Summary: 2020 Employment Law Update. Although employment updates these days seems like all COVID all the time, there have been a number of very significant non-COVID employment law developments over the last year. Mark and Jesse will focus on these non-COVID updates including, Utah legislative developments on cannabis in the workplace, recent and important federal court decisions, the latest (non-COVID) happenings at the EEOC and Department of Labor, and a Utah Supreme Court case about the payment of post-employment commissions.

BIO: Mark is a management-side employment law specialist, and was recognized by the Utah State Bar as the 2018 Labor & Employment Attorney of the Year. Mark works with employers to help them develop preventative employment practices and policies. Mark regularly provides in-house training to managers on avoiding employment claims and to all employees on equal employment opportunity and anti-harassment issues. Mark also represents employers in state and federal court, and before the Utah Labor Commission and Equal Employment Opportunity Commission, on complex legal and factual disputes arising from alleged discrimination, harassment, and retaliation, breach of contract, breach of fiduciary duty, confidentiality issues, and covenants not to compete or solicit. 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.

Jesse: After graduating from BYU’s law school in 2009, Jesse worked for ten years in the Litigation Department of Utah’s oldest law firm, Jones Waldo. While there, he handled a variety of employment law issues and was selected as a shareholder and member of the firm’s Board of Directors. Jesse’s peers in the Utah legal community elected him to the Mountain States Super Lawyers and Utah Business Legal Elite in 2015, 2016, 2017, and 2018. He frequently presents on employment law topics to HR professionals, managers, and business owners, is an active member of the Salt Lake chapter of SHRM and serves as a board member of the Northern Utah Human Resources Association.