National Recognition of UMBA

UMBA, along with the Young Lawyers Division ("YLD") of the Utah State Bar, were awarded the ABA's YLD Award of Achievement: Minority Project, for the Mentoring Marathon held last January. Su Chon spearheaded UMBA's joint effort and should be congratulated for her leadership. This event will continue to be a staple in our efforts to diversify the legal profession in Utah and bridge the gap from law school to law office. The Mentoring Marathon has proven to be a great success and everyone who participated should feel very proud of being recognized, not only locally, but at the national level as well. 

UMBA Elections

Elections for next year's executive officers is a month away. Please let me or Chrystal Mancuso-Smith (cmancuso@dunndunn.com) know ASAP if you would like to nominate or be considered for the following positions:

President-Elect (2008-2009)
Treasurer
Secretary

This is a great opportunity to develop your leadership skills in one of the Utah State Bar's most exciting and active specialty bars. I can personally attest to the wonderful networking and professional opportunities you will encounter by serving in these positions. 

UMBA Banquet

This year's banquet will be held in mid-October at a place TBD. As in the past, we will be having a silent auction to raise scholarship funds in addition to the generosity of law firms and practitioners. 

Here is where you come in: you can help us by deciding to attend the banquet and reserving a seat for yourself and a guest. If you are a member of a law firm or in-house counsel, speak with your colleagues about sponsoring a table, or funding (in whole or in part) a scholarship named after your firm. Also, speak with family members, friends, and clients who can donate items for the auction. In the past, we've had local businesses and artists donate everything from flower arrangements, paintings, wine, sporting events and theatre tickets, trekking poles, and billboards. The more items, the bigger the scholarships. Some of you are helping us with the banquet, and we are in need of more willing hands to make this year the biggest ever. If you'd like to help with the banquet and auction, please contact me or Chrystal Mancuso-Smith (cmancuso@dunndunn.com). 

Labor Commission Rule Change

There is an important change that I'd like you to be aware of, as it affects Utah employers and workers in general, and minority employees in particular. During the 2008 Legislative Session, the Utah Legislature passed 1st Substitute House Bill 384 pertaining to workers' compensation benefits. The Utah Labor Commission subsequently developed a temporary, "emergency" rule in order to implement the statutory mandates until a final administrative rule is passed. The end of the first comment period on the proposed rule ends next Monday, August 18, 2008. 

The reason this issue is relevant to us and our communities is because there is a growing debate about the consequences (whether intended or not) and the constitutionality of 1st Sub 384, the emergency rule, and the proposed rule. The debate continues whether the new legislation and administrative rules allow employers to deny workers' compensation benefits to undocumented workers. 

I know this is a bit last-minute, but I encourage and urge you to study this issue and submit a public comment. UMBA members represent the interests of employers, employees, and insurers for whom this law represents an important change. UMBA, as an organization, will not submit a public comment with the Labor Commission, but you should. 

Please submit your comments to the following:

Utah Labor Commission
160 East 300 South, 3rd Floor
P O Box 146600
Salt Lake City UT 84114-6600
Phone: (801) 530-6800
Fax: (801) 530-6390
In-state Toll Free 1-800-530-5090
laborcom@utah.gov

In addition to the Q&A Facts on the "Morley Bill" you can read more information about the bill, the emergency rule, the proposed rule, views, and commentary at the following links:

1st Substitute House Bill 384 is the legislation at issue: http://le.utah.gov/~2008/bills/hbillenr/hb0384.htm. 

The link to the emergency rule is:
http://www.laborcommission.utah.gov/Adjudication/pdfs/Rule%20R602%20emerg.pdf

The proposed rule for regular rulemaking is:
http://www.laborcommission.utah.gov/Adjudication/pdfs/Rule%20R602%20draft.pdf

http://www.sltrib.com/Opinion/ci_10006759

http://brownviews.net/

Lastly, please email me if you think a UMBA-sponsored information session would be helpful. We can make sure representatives from the Labor Commission and workers' advocates are present to clarify the law, the rules, and the formal rulemaking process.

Regards,

Simón

J. Simón Cantarero
Holland & Hart LLP
60 E. South Temple, Suite 2000
Salt Lake City, UT 84111-1031
Tel.: (801) 799-5957
Fax: (866) 493-8364
E-mail: jscantarero@hollandhart.com