On Monday, the Equal Employment Opportunity Commission (EEOC) finalized its updated, comprehensive guidance on harassment in the workplace. The new guidance replaces several older guidance documents dating back to the 1980s...more
In a long-awaited and much-debated move, the Federal Trade Commission (FTC) voted Tuesday to ban nearly all non-competition agreements in the United States on the grounds they are an unfair method of competition. The vote...more
Stories about attorneys and litigants using artificial intelligence (AI) to generate court documents have started popping up all over the country with increasingly negative results.
In one of the most recent tales, a pro...more
Tackling the tricky issue of how a plaintiff proves an employer's “intent,” in an opinion issued today, the United States Supreme Court unanimously held that under the Sarbanes-Oxley Act of 2002, corporate whistleblowers have...more
2/9/2024
/ Adverse Employment Action ,
Corporate Fraud ,
Employees ,
Intent ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Termination ,
Whistleblowers
Colorado employers may, once again, have to look waaaayyy back in time when facing claims for minimum wage violations after a recent Court of Appeals decision blessed a six-year statute of limitations for these claims....more
Join Us for Our Complimentary Annual Labor & Employment Seminar!
We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law....more
9/11/2023
/ Artificial Intelligence ,
Best Practices ,
Colorado ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Employment Practices Liability Insurance (EPLI) ,
Events ,
Family Medical Leave ,
Federal Labor Laws ,
Human Resources Professionals ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Restrictive Covenants ,
State Labor Laws ,
Workplace Safety
Continuing what otherwise has been a very busy week for the National Labor Relations Board (NLRB or Board), the Board on Thursday significantly broadened the circumstances under which an employee's solo complaint could be...more
Five years after Colorado's handling of a charge brought under its Antidiscrimination Act (CADA) was before the Supreme Court in the context of wedding cake design, the Court held today in a 6-3 decision that Colorado cannot...more
Reversing decades-old precedent on the use of race in higher education admissions, the Supreme Court on Thursday held that the admissions programs at Harvard and the University of North Carolina violate the Equal Protection...more
6/30/2023
/ Affirmative Action ,
Best Practices ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Policies ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
We have reached another milestone in Colorado's recovery from the COVID-19 pandemic. Colorado's public health emergency (PHE) sick leave, in place since January 1, 2021, officially ends today, June 8, 2023. Starting tomorrow,...more
Gov. Jared Polis has signed into law several employment-related bills passed this legislative session that bring significant changes to employment law in Colorado. The most impactful of these new laws is Senate Bill 172, the...more
The Equal Employment Opportunity Commission (EEOC) recently released limited technical guidance on employer use of artificial intelligence (AI) in hiring, promotion, and firing decisions, extending principles long-applied to...more
A Pennsylvania battery manufacturer has the dubious distinction of being ordered to pay the largest jury verdict ever awarded to the Department of Labor under the Fair Labor Standards Act - a cool $22 million for failing to...more
5/12/2023
/ Class Action ,
Collective Actions ,
Corporate Counsel ,
Department of Labor (DOL) ,
Doffing ,
Donning ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jury Verdicts ,
Unpaid Overtime ,
Wage and Hour
The Colorado Department of Labor and Employment’s FAMLI Division issued a reminder this week to all Colorado employers and third party administrators that premium payments and wage reports for Q1 2023 are due April 30, 2023. ...more
Colorado has seen multiple changes to its wage and hour laws over the last few years, and the new Colorado SecureSavings Plan goes into effect this year. As an employer, it can be tough to keep an eye on the “big picture” –...more
The U.S. Supreme Court doubled down on the Fair Labor Standards Act’s (FLSA) regulations for overtime exemptions, holding that some employees who are paid only a day rate are not exempt from overtime — even if they are highly...more
The federal government has once again extended the public health emergency declaration related to COVID-19. As a result, Colorado employers must continue to provide paid leave for the COVID-19-related circumstances identified...more
Our Decades-Old Tradition Returns In Person!
Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals.
Among the topics during this year’s general session are a...more
9/29/2022
/ Best Practices ,
Continuing Legal Education ,
Corporate Counsel ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Events ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration and Customs Enforcement (ICE) ,
NLRB ,
Remote Working ,
State Labor Laws ,
Work Visas
The U.S. Court of Appeals for the Seventh Circuit recently held that Walmart did not violate the Pregnancy Discrimination Act (“PDA”) in declining to extend its light duty policy to pregnant employees, largely because it...more
Colorado employers must continue to provide paid COVID leave to employees who have public health emergency related leave available. Recently, the federal government extended the public health emergency declaration related to...more
OSHA has announced that, in light of the recent Supreme Court decision reimplementing the stay of the enforcement of its vaccine-or-mask emergency temporary standard (“ETS”), the Agency will be withdrawing that ETS. ...more
On the same day the Supreme Court halted enforcement of the OSHA Emergency Temporary Standard requiring vaccinations or testing for America’s larger workforces, the Court announced that it will allow the Department of Health...more
1/17/2022
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Religious Exemption ,
SCOTUS ,
Vaccinations ,
Virus Testing
The ongoing saga of the various vaccine mandates issued by the federal government continued this week, with new rulings shifting the fault lines but providing no long-term answers.
On December 15th, the Fifth Circuit...more
Fifth Circuit grants emergency temporary stay on Biden’s vaccine or test rule, implemented by OSHA’s Emergency Temporary Standards. What does this mean?...
...more
On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Healthcare Facilities ,
Immunization Records ,
Masks ,
Medical Records ,
OSHA ,
Recordkeeping Requirements ,
Religious Accommodation ,
Vaccinations ,
Virus Testing