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[Event] 2023 Labor & Employment Seminar - September 29th, Denver, CO

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

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

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

When Due Diligence Can Get You in Trouble: Due Diligence Provision in Purchase Agreement Allows EEOC to Plead Successor Liability

Purchase agreements almost always attempt to limit potential successor liability for the purchaser in the deal. However, in EEOC v. Roark-Whitten Hospitality 2 et al. (“EEOC v. RW2”), the Tenth Circuit determined that a...more

[Webinar] Employment Law: It’s Time for Your State-Law Checkup - January 28th, 9:00 am - 10:00 am MST

Join us for a review of important state-level legal changes and trends affecting employers, including a look back at recent developments you may have missed....more

Employers Cannot Force FMLA Leave That Is Not Medically Necessary

The U.S. District Court for the District of Kansas’ ruling in Johnson v. Norton County Hospital is an illustrative example of the complicated and often overlapping obligations employers have under the Family Medical Leave Act...more

Vacation Pay Must Be Paid Out Upon Termination in Colorado, Even If Employer’s Policy Says Otherwise

On June 14, 2021, the long-awaited decision was issued by the Colorado Supreme Court in Nieto v. Clark’s Market. The Colorado Supreme Court has now definitively ruled that under the Colorado Wage Claim Act employers must pay...more

The DOL Reinstates Policy To Seek Double Damages In Pre-Litigation Settlement Discussions

The U.S. Labor Department (DOL) has revoked a Trump-era policy that reduced the pre-litigation amount an employer would have to pay to settle with the DOL for violating the Fair Labor Standards Act (FLSA) by deemphasizing the...more

Employee’s Self-Diagnosis Of Mental Illnesses Not A Disability Under The ADA

In Jones v. McDonough, the U.S. District Court for the Middle District of Tennessee made clear that a plaintiff cannot rely on a self-diagnosis of mental illnesses to prove that she was entitled to an accommodation under the...more

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Emergency Rules Require Public Health Emergency Leave For ALL Employees On January 1

On December 23, 2020, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment (CDLE) adopted temporary or emergency rules concerning the Healthy Families and Workplaces Act (HFWA) as...more

Court Finds A Voluntary Severance Package May Be An Adverse Action Under ADEA

In Andrews v. Williams WPC-I, LLC et al., 4:19-cv-02200 (M.D. Penn. July 16, 2020), the U.S. District Court for the Middle District of Pennsylvania held that a severance package can be an adverse action under the federal Age...more

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

State Law Overtime Calculation Prevails Over Established Federal Method

In November 2019, the Pennsylvania Supreme Court looked at the conflict between federal and state law concerning the calculation of overtime compensation for non-exempt salaried workers. The Court ruled that although federal...more

In A Goldilocks-Esque Decision, The Eleventh Circuit Finds A “Similarly Situated In All Material Respects” To Be Just Right

What does it mean within the context of the McDonnell Douglas burden-shifting framework for a plaintiff to show she was treated less favorably than other “similarly situated” individuals? The U.S. Court of Appeals for the...more

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