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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

TikTok Must Face the Music – Control Over Independent Contractors Creates Potential Liability For Mental Harm Caused by Content...

TikTok’s use of “independent contractors” to review potentially problematic content will not protect the company from possible liability for the “psychological injury” that work is alleged to have caused. If anything, it may...more

Respiratory Illnesses Added to Colorado Disaster Recovery Order are Now a Reason to Take PHE Leave

Although Colorado’s Healthy Families and Workplaces Act (“HFWA”) has not been amended by the legislature since it was passed in mid-2020, the Colorado Department of Labor and Employment’s (“CDLE”) interpretation of that 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

[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

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

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...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

Don’t Taint Your Investigation

The importance of a thorough, independent investigation prior to taking adverse employment action was reaffirmed this week by the Fifth Circuit in Brown v. Walmart. Brown sued her employer, Walmart, for retaliation when she...more

Convenience Of The Employee Is Not Grounds For Accommodation Request

“The ADA is not a weapon that employees can wield to pressure employers into granting unnecessary accommodations or reconfiguring their business operations.” The Sixth Circuit reaffirmed this fact in Tchankpa v. Ascena Retail...more

No New News On Nondiscretionary Bonuses

On January 7, 2020, the U.S. Department of Labor (“DOL”) issued a new Opinion Letter on “nondiscretionary” bonuses. When a bonus is offered to employees “to induce them to remain” with the company, the DOL considers the...more

Freeze! Put Your Hands Up And Go Review Your Attendance Policy ASAP…

The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC. The employer used a collectively bargained, no-fault, attendance policy that...more

Employer’s Reasonable Belief Is No Pretext

Did the car hit the employee or the employee hit the car? This is not the beginning of a logic problem – it’s the question one employer recently encountered when investigating a “he-said, he-said” workplace dispute. Based on...more

Don’t Mess With The IRS… And Don’t Misclassify Your Employees

For those of you who were able to join us for Sherman & Howard’s Construction Law seminar earlier this month, you may remember our warnings about making sure your company is properly classifying and paying its employees. In...more

DOL Says: Don’t Be Too Generous With Your Employees

Thursday the Department of Labor (”DOL”) issued three new opinion letters, two of which warrant a quick note. One provided guidance regarding the Family Medical Leave Act (“FMLA”), and the other addressed the Fair Labor...more

Fifth Circuit Judge Diagnoses Transgender Discrimination Divide Under Title VII

U.S. Courts of Appeals are split over whether Title VII prohibits discrimination on the basis of sexual orientation and/or transgender status. A judge on the Fifth Circuit Court of Appeals recently offered his explanation for...more

Drafting Yourself Into A Lawsuit

Many employment-related statutes require employers to provide “clear and conspicuous” communications to employees. The Ninth Circuit’s decision last week in Gilbert v. Cal. Check Cashing Stores (“CCCS”), No. 17-16262,...more

Employer Narrows “Collective” Actions Thru Arbitration Agreement.

Last term, in Epic the Supreme Court ruled the National Labor Relations Act (“NLRA”) is not a “get out of arbitration free” card. Individual employees who sign an appropriate arbitration agreement can be compelled to...more

Between A Rock And A Hard Place – Off Duty Conduct Statutes

The Ninth Circuit recently reminded employers to keep state statutes regarding lawful off duty work in mind. R.C. Willey had a policy prohibiting employees from arriving at work with a blood alcohol level above .04%. When an...more

No End in Sight – Prepare for Years of Litigation

The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in...more

♫Let It Go, Let it Go♫

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows...more

Employer May Eliminate Light Duty Job

In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they...more

Employees May Use Email For Union Activity

The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that...more

NLRB “Modernizes” Procedures

The NLRB has adopted comprehensive changes to the procedures for representation elections under the NLRA. Some changes, such as the ability to file documents electronically, clearly bring Board election procedures into this...more

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