Smart Schofield Shorter, PC

08/22/2023

The Consolidated Appropriations Act, signed into law in December 2022, included the Providing Urgent Maternal Protections Act (“PUMP Act”), which extends the rights to receive break time to pump and a private place to pump at work to more nursing employees. The law requires employers to provide reasonable break time for a nursing employee to express breast milk for their nursing child for one year after the child’s birth each time the employee needs to express breast milk. Employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

Employers with fewer than 50 employees are not subject to the FLSA break time and space requirements if compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply.

For more information you can visit https://www.dol.gov/agencies/whd/pump-at-work or call your LegalShield provider Smart Schofield Shorter, PC at (801) 270-8070. or open an intake in the App.

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

03/10/2023

One of our attorneys, Tracy Olson was recently interviewed for an article on recently passed legislation.

Utah lawmakers passed a bill last month that would strip collective bargaining rights from some Utah Transit Authority employees, an action that potentially jeopardizes millions of dollars in future federal grant funding for the transit agency, transit union members say.

06/30/2020

SUPREME COURT AND JUDICIAL COUNCIL
RELEASE CAREFUL ROADMAP TO RE-OPENING COURTS
SALT LAKE CITY, UT
UTAH’S JUDICIAL BRANCH, THROUGH A NEW ADMINISTRATIVE ORDER, HAS ADOPTED A RISK RESPONSE PLAN THAT SETS FORTH SAFETY AND OPERATIONAL REQUIREMENTS FOR COURTS AS THEY MOVE THROUGH THREE RISK PHASES: RED, YELLOW, AND GREEN. THE PLAN ALSO INCLUDES GUIDELINES FOR CONDUCTING JURY TRIALS AND JUVENILE COURT HEARINGS.
THE RISK PHASES FOR THE COURTS ARE NOT THE SAME AS THE GOVERNOR’S RISK PHASES. THE COURTS CREATED A PANDEMIC RESPONSE PLAN IN SEPTEMBER 2009, ADOPTING THREE RISK PHASES AT THAT TIME.
WHILE THE JUDICIAL BRANCH TAKES INTO ACCOUNT THE GOVERNOR’S COLOR CODED RISK PHASES AS IT CONSIDERS COURT OPERATIONS, IT HAS CHOSEN A MORE CAUTIOUS APPROACH BECAUSE IT RECOGNIZES THAT AMONG THE THREE BRANCHES OF GOVERNMENT, THE COURTS HAVE THE POWER TO COMPEL PEOPLE TO APPEAR IN COURT, EITHER FOR A HEARING, OR FOR JURY SERVICE.
Currently, all court locations are operating under the Red phase. This means, critical court functions continue, and courts are conducting many other criminal and civil proceedings, but most hearings and services are being done remotely. Jury trials will not resume until a court moves into the Yellow phase, and then only if strict safety protocols are followed.
The new Risk Response Plan lays out a process by which courts in a county may seek approval from the Judicial Council to move to the Yellow phase. The council will approve the request to move to the Yellow phase when the local health department confirms that the rate of transmission for the county in which the court is located is consistently decreasing, or is stable at a level well below the level that would overwhelm the Utah healthcare system. Courts can resume in-person operations under the Yellow phase if the appropriate safeguards outlined in the Risk Response Plan are followed. Based on recommendations from state health officials, the courts do not anticipate any court transitioning to the Green phase in the foreseeable future.
The public can check the status of each court location by county by visiting the Utah Courts COVID-19Alerts Page.

https://www.utcourts.gov/alerts/

06/15/2020

Utah Federal Court issues new Order in regards to Covid-19

06/11/2020

On June 9, 2020, Chief Judge Robert J. Shelby was informed that a member of GSA’s cleaning team tested positive for COVID-19. After consultation with GSA and the U.S. Marshal, the courthouse was immediately closed to protect the health and safety of those who work at or visit the courthouse from further exposure or spread of the disease. While the courthouse is temporarily closed, a cleaning crew will thoroughly disinfect the building according to CDC guidelines. No one will be permitted to enter the building during the closure except for the authorized cleaning personnel. The courthouse will reopen at 8:00 AM on Monday, June 15, 2020. The court’s Electronic Case Filing (CM/ECF) system is unaffected by the closure. Individuals who are unable to use the court’s CM/ECF system to file documents electronically should contact the Clerk’s Office. The Clerk’s Office contact information is: 801-524-6101, 801-524-6102, or [email protected]. Please visit the court’s website for additional information about the closure or the court’s response to the COVID-19 pandemic.

The Federal Courthouse is temporarily closed because an individual who works in the building tested positive for COVID-19. While the courthouse is temporarily closed, the building will be thoroughly disinfect according to CDC guidelines. No one will be permitted to enter the building during the clos...

05/13/2020

We are pleased to announce the opening of our new office in Boise, Idaho.

Smart Schofield Shorter, PC
8752 W. Overland Rd., Ste. 114
Boise, ID 83709
Phone: (208) 900-4353

04/29/2020

The Utah Federal Courts have issued their new General Order 20-012 addressing the Covid-19 pandemic and the changes to court policy and procedures.

03/15/2020

Please read the Attorney General's post

https://www.facebook.com/111296572220027/posts/3443453169004334/?app=fbl

01/31/2020

Love is in the air . . . but so are scams. Learn more about romance scams and protect yourselves.

Romance scammers create fake profiles on dating apps or social media sites and trick people into sending money.

06/15/2019

Employer-employee relationships can be tricky. Attached is an article that provides a list of 10 mistakes that can be costly to employers. Over the last decade, misclassification of employees as independent contractors has been a hot topic issue that sparked the creation of the Worker Classification Enforcement Council here in Utah. If you get it wrong, you could have issues with Workforce Services, the Labor Commission, the Department of Commerce, and the Tax Commission, in addition to other federal governing bodies. Call our Firm for help with your employment-related issues.

Is your business guilty of any of these?

06/01/2019

In landlord-tenant relationships, both landlords and tenants should be aware of their rights and responsibilities. Utah Legal Services has published some good information on the topic that can help answer some basic questions. Please note that this page is written for tenants, but is helpful for landlords as well. We represent both landlords and tenants. If you are a tenant and meet the income requirements, Utah Legal Services may be able to help you, but if not or if you are a landlord, you can call our office to retain an attorney to assist you.

If your landlord does not fix something that needs to be repaired, you have options. But be careful, you could end up getting evicted if you don’t follow the proper steps. Call Utah Legal Services to answer any questions about how to proceed. Below are common questions and answers about bad housin...

05/24/2019

Attorney Spotlight: Chad P. Curtis
Mr. Curtis received his B.A. from Brigham Young University, his M.P.A. from the University of Utah, and his J.D. from the S.J. Quinney College of Law at the University of Utah—where Mr. Curtis served as an editor of the Utah Law Review. Mr. Curtis is a US Marine Corp combat veteran who, prior to joining the law firm of Smart Schofield Shorter, P.C. in 2013, worked for the Utah State Division of Juvenile Justice and with the West Valley City Prosecutor’s Office. Mr. Curtis’s primary practice areas are workers’ compensation defense, civil litigation, criminal defense, appellate practice, and insurance subrogation. Mr. Curtis is licensed in the states of Utah and Wyoming.