This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020 in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act” and...more
No employer is immune from the storm of legislation Congress has passed in response to the COVID-19 pandemic. ...more
The Colorado Department of Labor and Employment (CDLE), Division of Unemployment Insurance, has implemented several new procedures and temporary policy changes in response to the COVID-19 pandemic and federal legislation...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020 in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act” and...more
4/25/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more
On March 19, 2020, the Equal Employment Opportunity Commission (EEOC) revised its 2009 publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act (ADA)” in response to the COVID-19 pandemic....more
On March 19, 2020, the Equal Employment Opportunity Commission (EEOC) revised its 2009 publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act (ADA)” in response to the COVID-19 pandemic....more
On March 11, 2020, the Colorado Department of Labor and Employment issued Colorado Health Emergency Leave with Pay (HELP) Rules that require employers in certain industries to provide paid sick leave for employees exhibiting...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...more
1/27/2020
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Standards ,
Rest and Meal Break ,
Rulemaking Process ,
Salaried Employees ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more
12/27/2019
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more
12/20/2019
/ Caesars ,
Confidential Information ,
Confidentiality Policies ,
Email ,
Email Policies ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
Labor Regulations ,
NLRA ,
NLRB ,
Rulemaking Process ,
Section 7 ,
Union Organizers ,
Unions ,
Workplace Investigations
As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more
As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more
11/25/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
Despite holding office for less than a year, Colorado Governor Jared Polis has signed and advocated for a new wave of legislation. These actions require employers to update policies and possibly wage packages, too....more
The Supreme Court held last year in Epic Systems v. Lewis that mandatory arbitration agreements requiring employees to arbitrate claims against their employer on an individual—rather than on a class or collective—basis are...more
8/25/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Minimum Wage ,
NLRA ,
NLRB ,
Unions ,
Wage and Hour
On August 12, 2019, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, which seeks to amend the NLRB’s current regulations regarding union election procedures. The proposed rules are the first...more
8/16/2019
/ Blocking Statutes ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more
7/22/2019
/ Accrued Benefits ,
Appeals ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Labor Regulations ,
Notice Requirements ,
State and Local Government ,
State Labor Laws ,
Termination ,
Vacation Pay ,
Wage and Hour
In response to the #MeToo movement, New York State has led the way in enacting legislation to expand employee rights to file and recover for sexual harassment claims. ...more
7/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Corporate Culture ,
Employer Liability Issues ,
Federal Arbitration Act ,
Harassment ,
Hostile Environment ,
Morgan Stanley ,
NYSHRL ,
Preemption ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
The National Labor Relations Board (NLRB or Board) issued a decision on June 14, reversing nearly 40 years of precedent and granting employers expanded rights to prohibit union activity by non-employees from occurring at the...more
The National Labor Relations Board (NLRB) last week announced its rulemaking priorities for the coming year in its Spring 2019 regulatory agenda. ...more
5/29/2019
/ Family and Medical Leave Act (FMLA) ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act (Senate Bill 85) into law on May 22. The intent of the new law is to help close the gender pay gap in Colorado...more
5/28/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On May 16, 2019, Colorado Governor Jared Polis signed into law H.B. 1267, which reclassifies the failure to pay employee wages as "theft." The new law, which will go into effect on January 1, 2020...more
In a unanimous decision, the U.S. Supreme Court on January 15 dealt a blow to employers in transportation industries, ruling that those workers—including those classified as independent contractors—are exempt from the Federal...more
1/18/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On August 29, 2018, Delaware Governor John Carney, signed into law House Bill 360, expanding sexual harassment protections for workers. The new law will take effect January 1, 2019. ...more
9/4/2018
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
New Legislation ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws