Scott A. Hagen is the Chair of the Firm’s Employment and Labor Section. His practice includes labor relations, employment litigation, employee benefits (ERISA) litigation, and representation of clients before administrative agencies. Mr. Hagen has represented management in collective bargaining, labor arbitrations, unfair labor practice charges, representation elections, collective bargaining, state court injunctions regarding improper picketing, and hybrid lawsuits alleging breach of a collective bargaining agreement and breach of the fair duty of representation.
Mr. Hagen also has experience in employment discrimination, wrongful termination, wage disputes, employment-related tort actions (such as defamation claims and claims of intentional infliction of emotional distress), sexual harassment, class actions, and OSHA citations. In addition, Mr. Hagen has significant experience in enforcing employment-related covenants-not-to-compete through securing injunctive relief, as well as the defense of such actions.
Mr. Hagen has defended numerous claims brought under the Employee Retirement Income Security Act of 1974 (ERISA). His cases have involved claims for benefits, wrongful discharge in retaliation for exercising rights under the Act, breach of fiduciary duty, and violation of ERISA disclosure duties. Mr. Hagen has also represented clients in audits conducted by the Pension and Welfare Benefits Administration of the U.S. Department of Labor. Mr. Hagen has significant experience defending clients cited by the Utah Division of Occupational Safety and Health, Utah’s OSHA counterpart.
Mr. Hagen has been recognized by Chambers USA in Labor & Employment (Band 2) and was included in the Spotlight Table in Labor & Employment: ERISA, a top recognition for attorneys in this area of practice. He maintains an AV Preeminent (5.0) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. Mr. Hagen has also been selected for inclusion in Mountain States Super Lawyers (2007-2016) in the category of Employment & Labor and has been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2005-2016).