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Government Contractors: Time to Ditch Those Confidentiality Agreements

On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors...more

New Sex Discrimination Regs Published

Today the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published its final rule to update its Sex Discrimination Guidelines, expressing its intent to bring the outdated 1970 guidance in line with...more

New Employer Requirements for Pregnancy, Personnel Files

The Colorado legislative session wrapped up on Wednesday, May 11, and as expected, the vast majority of labor and employment bills failed to pass into law. However, employers are likely to have two new obligations to their...more

Labor & Employment Advisory: ADA, GINA Wellness Regs Now Final

Yesterday, the EEOC issued its final regulations providing guidance on wellness program incentives under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA regulations address...more

Pregnancy Accommodation Headed to Governor

A bill requiring Colorado employers to provide reasonable accommodations to pregnant employees has passed both the Colorado House and the Senate and is headed to Governor John Hickenlooper’s desk. Employers already must...more

Wellness Rewards Under GINA

The EEOC has issued proposed regulations addressing the legality of inducements for spousal participation in wellness programs under the Genetic Information Nondiscrimination Act (GINA). The original GINA regulations...more

EEOC Loses One, Wins One

The EEOC had a roller coaster week with respect to its aggressive challenges to employers’ background check practices. On September 3, a federal district court in Maryland slapped the EEOC with an attorney’s fees...more

Big Brother is Watching: Contractors Required to Report Labor Law Violations

Reminder to all clients who are federal contractors: the federal government will now consider a prospective contractor’s past labor law compliance in determining whether or not the contractor has the requisite “satisfactory...more

The 2014 Colorado Legislative Session in Review

The 2014 Colorado legislative session adjourned on May 7, 2014. The legislature tweaked several pre-existing employment laws but steered away from major changes to the employment relationship in Colorado. Below is a summary...more

“A Theory in Search of Facts”: Federal Court Blasts EEOC Challenge to Criminal and Credit Background Checks

Criticizing the EEOC for placing employers in a "Hobson's choice" related to the criminal and credit background check of job applicants, the federal district court in Maryland threw out the EEOC's lawsuit against an event...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

Court Throws Out EEOC’s Challenge to Use of Credit Information in Hiring

In a decision that was more a commentary on the sufficiency of the EEOC's expert witness than a victory for employers' hiring practices, a federal court in Ohio dismissed the EEOC's challenge to Kaplan Higher Learning...more

3/13/2013  /  Credit Reports , EEOC , Hiring & Firing

Is Firing an Employee the Same as Reemploying Him?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to return a military veteran-employee to the "position of employment" he or she would have been in had the employee not left to...more

Proposed Regulations Would Promote Growth of Wellness Programs

Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more

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