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 […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-07-02 13:41:062019-06-19 14:16:01Employers don’t face either-or decision when recovering for civil theft
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 […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-06-26 13:47:462019-06-19 14:25:22NLRB reverses 38-year old precedent regarding property access rights of union organizers
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, […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-06-11 14:13:192019-06-07 14:14:18Colorado Supreme Court holds referral service to be an employer, striking independent contractor classification
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 […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-06-11 14:00:572019-06-17 15:41:09Colorado’s workers compensation requirement might be unconstitutional, at least in part?
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 […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-06-05 12:23:102019-06-05 12:23:10Adjusting to Pay-History Bans