A previous post addressed the requirement that workers return to work — or face loss of unemployment — when an offer to return (to comparable work) is extended, unless the worker is a “vulnerable individual” or otherwise unable to return due to coronavirus-related reasons. As noted there, the initial report was that the state was […]
An on-going issue in litigation is frequently the standard of causation and whether a plaintiff’s allegations and evidence are established to meet it. One of the more strict standards is the “but-for” test, meaning a plaintiff must show that the adverse employment action (such as termination or refusal to hire) would not have occurred “but […]
The nation’s leading wage-hour law (FLSA, the Fair Labor Standards Act) has long recognized an exemption from overtime for employees who work on a commission. However, the exemption is only available if the employee is working for a “retail or service establishment.” To be a “retail or service establishment” the company “(a) (m)ust engage in […]
Last year I co-authored an article for the Colorado Lawyer about Colorado’s new equal pay law (the Colorado Equal Pay for Equal Work Act, “CEPEWA”), with two of CEPEWA’s drafters, Sarah Parady and Charlotte Sweeney. CEPEWA will take effect January 1, 2021. In our article, we noted that CEPEWA “CEPEWA does not grandfather current pay […]
As previously posted on this blog, the NLRB issued a final rule “to protect employee free choice” altering its approach to blocking charges, voluntary recognition and construction industry (section 9(a)) voluntary recognition. The Board has amended and republished its final rule. The Board explained its final rule, including the amendments, as follows: Blocking Charge Policy: […]
As previously posted on this blog, the NLRB has reversed course on its Obama-era expedited election procedures. Originally scheduled to take effect April 16, 2020, the NLRB announced its final rule will now take effect May 31, 2020.
The EEOC updated its prior Q&A re coronavirus, adding three questions (numbered G3-G5) to address the needs of employees who already suffer from an underlying disability that, now, puts them at “higher risk” related to coronavirus. First in questions G3-G4, the EEOC advises that an employer is obligated to consider whether a reasonable accommodation exists […]
As previously posted on this blog, the Colorado Department of Labor and Employment Unemployment created a new portal for employers to use to report when an employee refuses after being offered to return to work; the refusal will generally render the individual ineligible for further unemployment, unless the individual can prove they are “vulnerable” and […]
Here’s a handy short primer on PPP loans, discussing which expenses are forgivable and steps employers can take to maximize the forgiveness of a PPP loan. Which Paycheck Protection Program Expenses Are Eligible for Forgiveness? — Read on www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Paycheck-Protection-Program-Expense-Forgiveness.aspx
The EEOC has delayed EEO-1 data collection for 2020 until 2021 due to coronavirus. In its press release, the EEOC explained the delay, as follows: The EEOC recognizes the impact that the current public health emergency is having on workplaces across America and the challenges that both employers and employees alike are now facing. Filers […]
The DOL has issued a new set of model COBRA notices that may be used to comply with COBRA’s requirements, along with a set of explanatory Q&A’s. The DOL’s model COBRA forms are not required to be used, they are intended to reduce litigation exposure by helping to “to ensure that qualified beneficiaries better understand […]
In furtherance of California’s AB 5, the State of California has sued Uber and Lyft, seeking to re-characterize their drivers as employees, not independent contractors. The State summarized its case in the introductory paragraphs of its Complaint, as follows: 5. Uber and Lyft are transportation companies in the business of selling rides to customers, and […]
As essential industries struggle to stay open and as more and more companies look to reopen, OSHA has published a “Guidance for Preparing Workplaces for Coronavirus.” The guidance provides specific recommendations for workplace structuring, cleaning, protective equipment, etc., broken down for different kinds of jobs, based on their risk of exposure to coronavirus. Employers will […]
In Colorado, Governor Polis’ safer-at-home order remains in effect but permits certain employers to begin reopening subject to certain conditions at various times. What if an employer decides to reopen in accordance with that order, but an employee feels they would be “safer at home,” may that employee decline an offer to return to work […]
The Colorado Court of Appeals issued a strong decision involving “horizontal veil piercing.” The case involved a junior creditor suing his debtor and its senior creditor, alleging that the debtor and senior creditor were commonly owned. The debtor was owned in large part (81.25%) by the same five owners who owned 100% of a third […]
I will be on 850 KOA and taking calls with the hosts: Tomorrow morning on the Logan & Lewis show probably starting around 10:05 AM Saturday afternoon on the Mike Rice show probably starting around 4:05 PM
Colorado will be adding to the list of protected classes against which discrimination is prohibited “hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.” Because the current legislative session has been extended due to the on-going coronavirus events, we do not know the precise date when this new […]
Visitors to Colorado’s unemployment page at the Colorado Department of Labor and Employment will see this update regarding the status of the new coronavirus-related unemployment benefits that will be available under the CARES Act: Update as of April 12, 2020: We are still programming our systems to begin accepting claims for workers who are eligible […]
I’ll be on 850 KOA talking about relief available for small businesses and workers, and other legal aspects of coronavirus with Mike Rice this Saturday from 4:05 PM to probably just before 4:30 PM MT. Tune in or stream.
In a prior post, it was noted that the DOL had issued its final rules regulating the FFCRA. As explained there, the DOL regulations summarize the documentation that employers should keep for coronavirus-sick and coronavirus-FMLA leave granted under the FFCRA. →Reminder: FFCRA-covered employers are reminded that in addition to this required documentation, they must have […]
The NLRB issued a final rule making “three amendments to its rules and regulations governing the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships.” The Board has summarized the amendments to its regulations as follows: Blocking Charge Policy: The amendment replaces the current blocking […]
I’ll be on 850 KOA talking about relief available for small businesses and workers, and other legal aspects of coronavirus with Mike Rice this Saturday from 4:05 PM to probably just before 4:30 PM MT. Tune in or stream.
www.moyewhite.com/getmedia/45dfc85d-3c2a-4b53-b5ac-43dd6be23c6f/covidrelief_Part3_v2.pdf Questions? Contact Lynne Hanson, Esq., Moye White, LLP, 303-292-7927.
The DOL has issued regulations implementing the FFCRA’s newly mandated coronavirus sick- and FMLA-leave. The regulations address many topics, including the following highlights. Look for additional information as the new regulations are analyzed. The definition of “Telework,” which includes the statement that an employee is not “able to Telework” if there are any “extenuating circumstances […]
Companies employing 500-10,000 workers should be aware, when considering loans under the CARES Act that sec. 4003(c)(3)(D)(I)(X) will require, as a term of that loan, that they “remain neutral in any union organizing effort for the term of the loan.” That language (emphasis added) reads, as follows: (D) Assistance for mid-sized businesses.– (i) In general.–Without […]
Thank you to all the great callers and 850 KOA host, the amazing Mike Rice. This New York Times article just came out and will be of interest to many of today’s callers. I’m looking forward to talking with you all again soon. We will get through this together. Colorado strong!
The DOL has updated its Q&A regarding the new coronavirus sick-/FMLA- leaves. Added answers include: Employees who are already or who become subject to layoffs/furloughs will generally not be entitled to either of these new leaves. Employees who are assigned to telework are only entitled to these new leaves if they are unable to telework […]
Employers who are subject to the new FFCRA (Families First Coronavirus Response Act) sick-/FMLA- leave are required to post a poster by the FFCRA’s effective date, April 1, 2020. The EEOC has just issued the required poster along with a Q&A that answers common questions employers will have regarding the same, including explaining that, where […]
The DOL issued Field Assistance Bulletin no. 2020-1 urging its staff to recognize a “temporary non-enforcement period” for employers who are in “reasonable” and “good faith” compliance. To qualify for the benefit of this “non-enforcement period,” the employer must establish all of the following: The employer remedies any violations, including by making all affected employees […]
The EEOC published a short 42-minute YouTube video on the ADA, Rehabilitation Act and coronavirus. The webinar fleshes out the EEOC’s recent coronavirus guidance and identifies certain questions that it believes it is currently unable to answer, including the following: Whether coronavirus (COVID-19) is or could be a disability protected by the ADA? Questions addressed […]
I’ll be on 850 KOA talking about the employment-law aspects of coronavirus with Mike Rice this Saturday from 4:05 PM to probably just before 4:30 PM MT. Tune in or stream.
On March 16, 2020, the Colorado Department of Labor and Employment (CDLE) issued amendments, effective that same day, to its prior Wage Protection Act Rules. The amendments added language that articulated the CDLE’s opinion that Colorado state law on the Joint Employer doctrine is and, in its opinion, has always been contrary to federal law.
Colorado Overtime and Minimum Pay Standards (COMPS) Order 36 took effect March 16, 2020 with some revisions and additional commentary by the Colorado Department of Labor and Employment. First, in another Statement of Basis, Purpose, Specific Statutory Authority, and Findings for Adoption as Temporary or Emergency Rules, the CDLE issued a multi-page detailed explanation of […]
Thinking about layoffs, furloughs or reductions of hours? Wondering about the WARN Act’s 60-day notice requirements? Bloomberg BNA published a handy article discussing some of the common questions about the WARN Act and coronavirus layoffs, furloughs and hour-reductions. Source: The WARN Act: Top Coronavirus Questions Answered by Lawyers — Read on www.bloomberglaw.com/exp/eyJjdHh0IjoiRExOVyIsImlkIjoiMDAwMDAxNzEtMTI4NS1kMDlhLWEzNzMtOWE5N2ZiMTYwMDAwIiwic2lnIjoiODFXQlVIQjIzU3pRUnB1TzJaTHlLL3BXU0NJPSIsInRpbWUiOiIxNTg1MTYyNTE0IiwidXVpZCI6IkVuY0FVQkNZUnhxcjlOQ3AreU4xVHc9PWcwRnZ1MHVUMUNNQnQzbnEzMXcxRkE9PSIsInYiOiIxIn0=
The DOL has issued a preliminary Q&A on the newly mandated coronavirus-related sick- and FMLA-leave rights. The Q&A answers some but not all of the questions previously raised to DOL. Highlights of the Q&A include the following: The effective date of this new Act will now be April 1, 2020 (moved up from the initial […]
The Governor’s order is not yet available, but the Denver Business Journal is reporting that “The order does not apply to critical, 24-hour businesses like health care, manufacturing, agriculture and public services such as trash collection and mail delivery.” In his press conference Governor Polis stated verbally the order will take effect Tuesday March 24, […]
As previously posted, Congress enacted this week two new forms of coronavirus-related leave: sick leave and coronavirus-FMLA leave. Today, 3-20-2020, the IRS issued a memo beginning to explain how employers will be able to recoup expenses for the same and advising that further explanation will be forthcoming next week: When employers pay their employees, they […]
As noted, Congress enacted two new forms of coronavirus leave this week: sick and FMLA-type leave. Bloomberg BNA reports that the DOL held a townhall today 3-20-2020 to invite suggestions for regulatory clarification and that questions raised in that townhall included: How the exemption for small employers (less than 50 workers) will be interpreted? How […]
Normally an employer must review actual physical documents to complete a new hire’s I-9. SHRM has published this article explaining the DOL’s announcement that, for businesses where that is impossible because workers are absent and/or teleworking, that requirement will be relaxed to permit remote review of such documents, retention of same, then review physically when […]
The Cybersecurity and Infrastructure Security Agency (CISA) of the U.S. Department of Homeland Security has issued a memo identifying 16 industries as “essential critical infrasture.” Chemical Communications Commercial facilities Critical manufacturing Dams Defense industrial base Emergency services Energy Financial Food & agriculture Government facilities Healthcare & public health Information technology Nuclear reactors, materials & waste […]
Employers who are considering furloughs are reminded to consider DOL Fact Sheet #70 regarding federal wage-hour issues, in addition to related state wage-hour issues, such as under new COMPS Order 36. Of course, wage-hour issues are only some of the issues to be considered. Additional issues include possible WARN Act notices and benefits-related questions. Any […]
Late March 18, 2020, Congress passed then the President signed into law the Families First Coronavirus Response Act, HR 6201. The Act will take effect “not later than 15 days” after its enactment March 18, 2020, in other words, absent further development, April 2, 2020. (UPDATE: The effective date has been set for April 1, […]
The EEOC issued a guidance entitled Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. While the guidance does not answer some of the more difficult questions posed in the current coronavirus crisis, it does provide guidance on at least some questions employers are facing and are likely to face, including the following: […]
Want a handy reference of Frequently Asked Questions (FAQs) related to Colorado’s Unemployment Insurance Program and availability of unemployment benefits as we go through this coronavirus experience? Check the state’s FAQ here: www.colorado.gov/pacific/cdle/unemployment-insurance-worker-faqs
According to a verbally issued executive order by Colorado Governor Polis, the Colorado Department of Labor and Employment has issued a rule (the “Colorado HELP” rule, aka the Colorado Health Emergency Leave with Pay rule) requiring certain employers to provide up to 4 days of paid leave for employees awaiting a coronavirus test result. Rule […]
As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. The COMPS order has left many unanswered questions. In response […]
As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. The COMPS order has left many unanswered questions. In response […]
As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. The COMPS order has left many unanswered questions. In response […]
As previously discussed on this blog, the Colorado Division of Labor and Employment recently finalized its new wage order, titled COMPS Order 36. COMPS Order 36 has proven to be an overhaul of existing Colorado law, reaching many employers previously exempt from prior wage orders. The COMPS order has left many unanswered questions. In response […]
The Colorado Division of Labor and Employment has just advised as follows: The Division has posted the Colorado Overtime & Minimum Pay Standards (COMPS) Order #36 Poster on our COMPS Order #36 – Informational Page. This is the “Poster” to use to comply with the “Posting and Distribution Requirements” COMPS Rule 7.4. As a reminder, Colorado Overtime and Minimum Pay […]
As previously posted, the DOL issued an opinion letter in 2019, purporting to jettison the Obama Administration’s 80-20 rule and expanding the ability to claim tip credits for tipped employees, specifically, during time when they do not earn tips (example, while wait staff vacuum and clean). Bloomberg BNA reports that opinion letter has met with […]
As previously posted here, the Colorado Division of Labor and Employment has issued its COMPS Order no. 36. Here’s some of what you need to know: It probably applies to your company. As previously explained, Colorado Wage Orders have historically been limited to certain industries, now their successor, this “COMPS Order” is generally applicable to all employers with only […]
Thank you to MileHigh SHRM for inviting me to present on 2019’s top legal developments for HR professionals at the 2020 HR Conference. It was a great group of engaged and informed attendees!
Ok, maybe it’s not that exciting, but still the DOL has released its new I-9 form. It will be mandatory May 1, 2020. It can be found here, with its various other forms and versions. SHRM’s article, if readers are interested, re same, can be found here. Thank you as always to SHRM for great […]
As noted in a previous post, Colorado proposed a new wage order in 2019. On January 22, 2020, the Colorado Division of Labor and Employment finalized its new order — now called COMPS order #36 — effective March 16, 2020. As noted in the previous post, COMPS order #36 is radical overhaul of Colorado’s prior […]
Interesting article from SHRM on post- #MeToo statistics at EEOC for sexual harassment charges. On the one hand, there still has not been a flood of sexual harassment charges. In fact, their number remains lower than pre- #MeToo 2010-13 numbers but are slowly climbing back from their post- #MeToo 2014-17 dips. The number of sexual-harassment […]
The DOL has issued a final rule regarding the Joint Employer doctrine. Analysis of a joint employer issues under the Fair Labor Standards Act (FLSA), the DOL rule says, should start — and will generally end — with the following non-exclusive four factors (quoting the summary in the DOL’s Fact Sheet regarding its new rule): […]
The NLRB has reversed its 2014 Babcock & Wilcox standard for deciding when the Board will defer to arbitration, both before (“pre-arbitral” deferrals) and after (“post-“) the arbitration itself has occurred. Now the burden is on the party resisting deferral (typically a union) not the party urging deferral (typically an employer), and the question is only whether […]
A federal court in California has frozen California’s 2019 anti-arbitration law, numbered AB 51 (“Assembly Bill”). AB 51, which would have taken effect January 1, 2020, would have barred arbitration agreements entered into — even through an “opt out” clause — as a condition of employment, at least as to California state law claims. The […]
Reversing its Obama-era decision, the Board has returned to its longstanding precedent of permitting employers to stop withholding dues, even as may have been required by a dues check-off clause in a collective bargaining agreement, once that agreement expires and the parties enter renewal negotiations. In sum, we find that a dues-checkoff provision properly belongs […]
Effective April 16, 2020, the Board will jettison its 2014 expedited election rules. The expedited election rules were highly controversial and nicknamed, depending on the speaker’s perspective, either “quickie” or “ambush” election rules. The highly accelerated election period was intended to limit (or, depending on the speaker’s perspective, curtail) the ability of employer’s to speak […]
Workers who are not exempt from overtime, in other word, workers who must be paid overtime, under federal law (the Fair Labor Standards Act) must be paid time and one-half of their “regular rate of pay.” The phrase “regular rate of pay” is not what it intuitively sounds like; it is not simply what the […]
The NLRB has ruled that employers can issue so-called “gag orders” to protect the confidentiality of workplace investigations. A typical “gag order” would be an instruction by the company to employees (and other witnesses) not to discuss matters relevant to an on-going investigation. The decision triggered a heated dissent from one Board member who argued […]
In a reversal of its Purple Communications decision, the NLRB held that employers can maintain sole control over their email and computer systems. Employers need not allow workers much less third parties like unions access to their email systems to, for example, further union organizing, collective bargaining, grievance administration or other non-work purposes. (E)mployees have no statutory […]
The Colorado Department of Labor and Employment has proposed its new wage order. This order, #36, will replace the current wage order, #35. The new wage order will overhaul Colorado law regarding overtime and minimum wage. Its many changes from current wage order #35 include: A title change: Reflecting the fact that this new order […]
The Tenth Circuit held that a plaintiff doesn’t always need to have a medical expert to confirm the plaintiff’s medical condition rises to the level of a “disability” protected by the Americans with Disabilities Act. When is a medical expert required? “(W)]here injuries complained of are of such character as to require skilled and professional […]
The Colorado Court of Appeals has clarified how Colorado’s medical and recreational marijuana laws impact eligibility for unemployment. The case involved an unusual fact pattern that provided the court with a springboard to articulate four rules. The worker was on medical leave, but worked for a financial institution to which he personally owed money. Although […]
Honored to be named again in Best Lawyers in America!
I’m excited to speak at the Mile High SHRM 2020 annual conference. I will be providing a legal update. I can’t wait to see the other presenters, great lineup!
In a November 2019 opinion letter the DOL reversed position on tip-pooling. As explained there, the DOL lifted the Obama-era DOL’s 80-20 rule, making it easier for employers (like restaurants) to pool tips among tipped employees, including even those who perform some non-tipped work during their day (like waiters who vacuum, set up and clean up […]
Federal law requires administrative agencies to go through a rulemaking process before implementing regulations. To avoid that process, agencies have increasingly begun using informal “guidances,” often issued in the form of memorandums, letters and bulletins. By two Executive Orders, the President has ordered administrative agencies, among other things, to include in any such document a […]
Applying the Supreme Court’s recent Oliveira decision, the Third Circuit held that Uber cannot enforce its arbitration agreement with drivers engaged in interstate commerce. In doing so, the Court held that the exception in federal law that prohibits arbitration agreements for drivers engaged in interstate commerce applies not only to drivers who transport goods but also drivers […]
On October 10, 2019, the Governor of California signed into effect California’s AB 51, which bans mandatory pre-dispute arbitration agreements. This new law continues California’s struggle to find a way to limit pre-dispute arbitration, in direct conflict with the Supreme Court’s recent cases upholding such arbitration. AB 51 prohibits even otherwise-voluntary pre-dispute arbitration agreements are […]
Historically the Board has permitted an employer to change wages, hours and working conditions during the term of a CBA if it can prove a “clear and unmistakable waiver” by the union permitting the change. An example of a “clear and unmistakable waiver” would be contract language expressly authorizing a company to modify the cost […]
Interesting lunchtime read today for HR and labor-employment law professionals, in the New York Times. The article discusses the growing presence of non-union unions called “solidarity unions,” especially in the tech industry. These groups are simply informal associations of two or more workers in a workplace. The article is a good reminder for employers that, […]
The NLRB has reversed its 2011 Specialty Healthcare decision, which in turn reversed its 2017 PCC Structurals decision, meaning the NLRB will no longer permit a union to try to organize only a sliver of a workforce (a so-called “micro-unit”). Now an employer (or workers) may defeat a union’s effort to organize a micro-unit by proving […]
Reversing a 1999 decision, Sandusky Mall Co., the Board upheld an employer’s right to eject non-employee union agents from its premises, even though it had routinely granted other non-employees’ permission to solicit on the same premises for “civic, charitable and promotional activities.” In doing so the Board held that a union’s presence to solicit customers to […]
The DOL has released the final overtime rule that has been discussed as far back as the Obama Administration. As anticipated, the new rule includes multiple changes to current overtime laws, including increases to the minimum guaranteed salaries for most overtime exemptions, an increase to the minimum requirement for so-called “highly compensated” employees, and permitting […]
In 2018, the Supreme Court rejected, in a decision titled Epic Systems Corp. v. Lewis, the argument that Section 7 of the National Labor Relations Act’s protections for protected concerted activity somehow encompass a right to file class action and collective action lawsuits. There the Supreme Court held that, accordingly, employers can require pre-dispute arbitration agreements, […]
Even though the most current form I-9 expired 8-31-19, USCIS advises employers should continue to use it until the new version is released. The USCIS statement is found on its I-9 Central website, which employers can continue to check for release of the new version.
Even where an agreement says that covenants “shall be” blue-penciled (meaning, rewritten if determined to be unenforceable and narrowed to whatever the court rules would have been enforceable), a trial court in Colorado is not required to do so. In a recent decision, 23 LTD v. Herman, case no. 16CA1095 (Colo.App. 7/25/19), the Colorado Court […]
The Colorado Supreme Court warned in a recent case that a party who seeks to enforce a settlement agreement — even by merely seeking a declaratory judgment and without actually asserting a breach of the settlement agreement — may make itself liable, if it fails in its action, for attorney fees under the settlement agreement’s […]
Colorado employers are reminded to post a notice, if tip-sharing, for example on menus, at tables, or on receipts, to patrons that “gratuities are shared by employees.” This new posting requirement, Colorado HB 19-1254, took effect August 2, 2019.
Colorado law, CRS 8-4-101 defines vacation to be a part of “wages” when “earned in accordance with the terms of any agreement. If an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the […]
Earlier this year, the Supreme Court held, in Henry Schein, Inc. v. Archer and White Sales, Inc., held that, depending on the language of the parties’ arbitration agreement, it is for an arbitrator, not a judge in court, to decide questions of arbitrability. The decision involved relatively common language saying, “Any dispute arising under o […]
Honored to be named to Best Lawyers in America again this year, thank you!
Effective January 1, 2020, Colorado has criminalized wage thefts. This new law applies to “employers,” a term defined to be commensurate with the Fair Labor Standards Act’s coverage, and protects “employees,” as defined to exclude independent contractors. Under this new law it will be a crime to: willfully refuse to pay or “falsely” deny “the […]
Employers are reminded that the deadline for filing EE0-1 Component 2 information for 2017 and 2018 is September 30, 2019. As a follow-up to the EEOC’s recent information for doing so, the EEOC has released additional information and resources on its EEO-1 website and on the website of EEOC’s contractor. There, employers can find a […]
Colorado employers are reminded that Colorado’s new ban-the-box law will take effect September 1, 2019 for employers with more than 10 employees (then September 1, 20121 for all other employers). Together with the crop of other new Colorado employment laws this year, Colorado employers should: Review and revise their handbooks, workplace policies, and hiring documents […]
If you missed, here are my thoughts on yesterday’s Mueller Hearing. Thanks 850 KOA, always a pleasure!
Tune into or stream 850 K0A radio’s Colorado Morning News program tomorrow morning 6:50 AM.
Honored to be listed in this week’s publication of Law Week Colorado (7/15/19) as Chambers-ranked again in 2019!
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The Tenth Circuit held that an unpaid intern did not enjoy any protection under Title VII (the nation’s leading anti-discrimination and anti-retaliation law). Congress wrote such laws to protect “employees,” and the Court reasoned an entirely unpaid intern failed to meet a threshold test for proving he or she is an employee because such an […]
The Eleventh Circuit held that courts are limited, in Title VII cases (the federal statute that governs most discrimination and retaliation cases, including related to race, color, religion and sex), to granting relief that personally benefits the plaintiff. In this case, the plaintiff a former employee proved a violation but no damages. Instead, the trial […]
A recent Colorado Supreme Court decision addressed what is known as the Economic Loss rule. Under the Economic Loss rule, a victim of wrongdoing who has a contract claim for the same wrongdoing is limited to recovering only the economic losses for breach of the contract. In this case, an employee expected to be involved […]
Reversing its 1981 president, Montgomery Ward, the NL RB recently held that non-employee union representatives can be banned from public spaces within an employer’s property, such as cafeterias, if they engage in organizing activities in those areas. The decision signals an equally pro-employer approach will be adopted with regard to the Board’s 2014 decision, Purple […]
In contrast with the Trump Administration’s approach to so-called gig-economy cases, the Colorado Supreme Court recently struck one company’s attempt to classify its workers as independent contractors, not employees. At the federal level, the Trump Administration has, through both the NLRB and DOL, recently held that (at least some) gig-economy companies, like Uber in particular, […]
An interesting case is winding its way through the Colorado courts. In Colorado employers of three or more must carry workers compensation insurance. In this case, the employer employed typically between two and four individuals. It failed to carry workers compensation insurance for three different periods of time. When that came to the attention of […]
HR professionals trying to adjust to the growing number of pay-history bans may want to review this interesting article from SHRM. As SHRM notes 15 states have already adopted pay-history bans. One approach the article discusses could be “complete compensation transparency” where the employer posts not only the opening, but also the pay range, job […]
