Mr. Frazier is a member of the firm’s Employment and Labor and Litigation sections. His practice focuses on civil and commercial lawsuits, with a specific emphasis on representing employers in employment disputes. He has extensive experience representing clients in discrimination, harassment, noncompetition and leave disputes. He has tried cases before judges, juries, arbitrators, and administrative panels, ranging from one-day bench trials to a seven-week jury trial. Regardless of whether he is litigating in state or federal courts or engaging in alternatives to the court system, such as mediation or arbitration, he takes an efficient, results-oriented approach to problem solving.
Drawing upon his education, training, and experience, he regularly advises employers regarding sensitive employment matters, including termination issues, discrimination and harassment allegations, sexual harassment investigations, leave issues, wage and hour issues, and accommodations for persons with disabilities. He routinely drafts and reviews employment contracts, noncompetition and confidentiality restrictive covenants, employee handbooks, separation agreements and policies relating to employment.
He previously served as Chair of the firm’s Litigation section and has served as Chair of the Executive Committee of the Litigation Section of the Utah State Bar. Before joining Kirton McConkie in 2005, he was a judicial clerk for Associate Chief Justice Leonard H. Russon, Utah Supreme Court (2001-2002) and worked as an associate at a Salt Lake City law firm specializing in litigation.
Mr. Frazier has been recognized as one of Utah’s Legal Elite and one of the Mountain States Super Lawyers for business litigation.
Experience
• Successfully defended the region’s biggest integrated healthcare organization against antitrust claims for $89 million in damages, vindicating the organization’s rights to select its providers. The decision was affirmed on appeal.
• Procured judgment dismissing all claims brought against a developer in which the plaintiff was seeking a $2.7 million deficiency judgment following a non-judicial foreclosure and obtained an award of over $200,000 in attorney fees for the developer incurred in defending against the claims.
• Obtained court-issued temporary restraining orders and preliminary injunction orders prohibiting and enjoining former employees from competing with clients in cases involving non-compete and non-solicitation agreements.
• Obtained judgment for a credit union against former employee claiming age and disabilities discrimination lawsuit.
• Successfully defended multiple employers against charges of discrimination filed with the EEOC and state agencies.
• Successfully led a trial team proving a lease-option to purchase actually constituted an equitable mortgage. Attorney fees were awarded and the client was able to reclaim the home.
• Has favorably resolved Americans with Disabilities Act (ADA) and Age Discrimination in Employment (ADEA) claims brought against employers as well as issues arising from non-compete agreements.
Recent Blog Posts
Federal Court Blocks New Overtime Rule from Taking Effect
DOL Issues Final Rule Increasing the Salary Threshold for the Overtime Exemptions
Utah Passes New Law Placing Restrictions on Noncompetition Agreements
Why do employers need employee handbooks?
Conducting a pay-to-play fantasy sports league may be gambling with the law
Publications
• Creating an antiharassment workplace culture in the #MeToo era
July 2018
Utah Employment Letter
• Utah employers should take note of this year's newly enacted laws
June 2018
Utah Employment Law Letter
• Broadcast the news: no noncompetes for TV and radio talent in Utah
May 2018
Utah Employment Law Letter
• High court rejects narrow interpretation of FLSA exemption
May 2018
Utah Employment Law Letter
• It’s good to be king: public officials and qualified immunity
March 2018
Utah Employment Law Letter
• When Cupid’s arrows wound the company, is it time for a dating policy?
February 2018
Utah Employment Law Letter
• Employment visa requirement doesn’t violate RFRA
January 2018
Utah Employment Law Letter
• Between Scylla and Charybdis: the reasonable accommodation dilemma
December 2017
Utah Employment Law Letter
• Private employers in Utah generally may establish workplace gun policies
November 2017
Utah Employment Law Letter
• Stone walls (and policies) do a prison make: UDC bound by its rules
September 2017
Utah Employment Law Letter
• How Utah evaluates a worker’s entitlement to PTD benefits
August 2017
Utah Employment Law Letter
• Crossing professional boundaries: Demotion leads to sex bias claims
July 2017
• Avoiding an explosive situation: fireworks in the workplace
July 2017
Utah Employment Law Letter
• Stage is set for SCOTUS to rule on Title VII and sexual orientation
May 2017
Utah Employment Law Letter
• Utah Legislature’s amendments to two wage statutes now in effect
May 2017
Utah Employment Law Letter
• Shifting sands: the changing landscape of transgender discrimination
March 2017
Utah Employment Law Letter
• Utah employee had no constitutional right to continued employment
February 2017
Utah Employment Law Letter
• U.S. Supreme Court to consider transgender restroom lawsuit
January 15, 2017
Utah Employment Law Letter
• Unclear crystal ball: What might 2017 hold for employers?
January 2017
Utah Employment Law Letter
• Court blocks DOL’s new overtime rule from taking effect
December 2016
Utah Employment Law Letter
• Merger does not invalidate noncompete, nonsolicitation covenants
November 2016
Utah Employment Law Letter
• Penske and the warehouse manager: Logistics of FMLA interference
October 2016
Utah Employment Law Letter
• DOL's final rule increases minimum salary for overtime exemptions
June 2016
Utah Employment Law Letter
• Sharing is caring: Are Uber, Lyft drivers independent contractors?
May 2016
Utah Employment Law Letter
• New Utah law limits use of noncompetition agreements
April 2016
Utah Employment Law Letter
• Employee terminated despite manual’s assurances against retaliation
March 2016
Utah Employment Law Letter
• Don't bet on it: Allowing a fantasy sports league may be gambling with legal trouble
February 2016
Westlaw Journal
• Employers: Check the law before checking an applicant's background
December 2015
Utah Employment Law Letter
• Revisit employment policies in light of Supreme Court’s same-sex marriage ruling
July 2015
• Do you believe in religious accommodations?
March 2015
Utah Employment Law Letter
• Utah passes historic legislation against sexual orientation and gender identity discrimination
March 12, 2015
Utah Employment Law Letter
• Employers may be liable for transgender discrimination
January 2015
• Right on Target: Employer not liable for investigating wallet theft
October 2014
Utah Employment Law Letter
• Sex Discrimination--No debate. Decision to hire male professor not gender discrimination
July 2014
Utah Employment Law Letter
• Trade Secrets: Made for TV--Former director owes royalty for stealing source code
May 2014
Utah Employment Law Letter
• Evidence: Subjectivity by itself is not proof of unlawful race discrimination
March 2014
Utah Employment Law Letter
• Documents, documents, documents: What to keep, what to shred
February 19, 2014
HR Hero
• Workplace Issues: Legalization of same-sex marriage in Utah will affect employers
February 2014
Utah Employment Law Letter
• Religious Discrimination: Can’t be covered up--Applicant must request religious accommodation
January 2014
• Sexual Harassment--Supersize victory: Shift leader isn’t supervisor under Title VII
December 2013
Utah Employment Law Letter
• Employee Misconduct: How a police officer hanged himself with a bracelet
October 2013
Utah Employment Law Letter
• Get To Know Business Litigation Professional Ryan Frazier
April 28, 2013
Media One Law Day supplement in the Salt Lake Tribune
• Blue Penciling: Hope for Unreasonable or Overbroad Non-Competes?
December 2012
The Corporate Counselor
• Past Due: Strategies for Commercial Landlords in a Down Economy
July 2011
Utah Business
News
• TAGLaw Honors Kirton McConkie and Longstanding Members
May 5, 2017
TAGLaw
• 32 Kirton McConkie attorneys named 2016 Mountain States Super Lawyers
March 2016
Press Release
• Shareholders attend TAGLaw international conference
October 29, 2015
Press release
• 36 Kirton McConkie attorneys named 2015 Mountain States Super Lawyers
June 12, 2015
Press Release
• 39 Kirton McConkie attorneys named Mountain States Super Lawyers
June 11, 2014
Press Release
• Kirton McConkie lawyers participate in Utah Constitution Day
September 17, 2013
Press release
• Kirton McConkie attorneys Orton and Frazier attend TAGLaw International Legal Conference in Boston
May 10, 2013
Press Release
• Kirton McConkie attorneys obtain judgment dismissing claims with prejudice for clients
December 19, 2012
Press Release
Presentations
• Expansion of LGBT Rights Under Title VII: What Companies Can Do to Foster Inclusiveness and Minimize the Risk of Costly Lawsuits
November 16, 2017
Las Vegas, Nevada
• The Uber Effect: How to Conduct Wage and Hour Audits to Determine Proper Classification of Contractors and Employees
November 15, 2017
Las Vegas, Nevada
• Advanced Employment Law: What You Need to Know” (Independent Contractors: Detecting Employer Missteps” and “ADA – From Accommodations to Discrimination”
June 14, 2017
Salt Lake City, Utah
• FMLA Leave Essentials” and “ADA – From Accommodations to Discrimination”
June 13, 2017
Salt Lake City, Utah
• Expansion of LGBT Rights Under Title VII: What Companies Can Do to Foster Inclusiveness and Minimize the Risk of Costly Lawsuits
November 11, 2016
Las Vegas, Nevada
• Based On Sex: Understanding the Anatomy of Gender Nonconformity, Sexual Orientation, and Sex Bias Claims Under Title VII
November 11, 2016
Las Vegas, Nevada
• Employment Litigation From Start to Finish
June 11, 2014
Salt Lake City, UT
• Deciphering FMLA, ADA and Worker's Compensation Issues
June 12, 2013
Salt Lake City, UT
• Believe It or Not Business Lawsuits: Frivolous or Legitimate?
June 22, 2012
Salt Lake City, UT
