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
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
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
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
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
Since the Equal Pay for Equal Work Act (“EPEWA”) became effective on January 1, 2021, some companies seeking to hire remote employees have attempted to avoid EPEWA’s job posting requirements by excluding Colorado residents...more
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
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
This past year, Colorado employers have faced many unprecedented and complex challenges. With new labor and employment statutes and regulations set to take effect next year, employers will confront even more challenges in...more
The Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”) is now effective, but with some last-minute changes and a temporarily modified enforcement scheme. This Order replaces Colorado Minimum Wage Order #35...more
The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics has released its proposed replacement for the annual Colorado Minimum Wage Order, and if adopted, it will bring significant changes...more
Nearly three years after employers scrambled to review and adjust worker salaries ahead of anticipated increases in the required weekly salary for exempt employees, only to have the new rule stayed at the last minute, the...more
Paid family and medical leave may become a reality for all Colorado employers and employees. Colorado state senators yesterday introduced a bill that would create the Family and Medical Leave Insurance Act (“FAMLI Act”). The...more
A bill introduced last week in the Colorado House of Representatives would make it an unfair employment practice under Colorado’s Antidiscrimination Act (CADA) for an employer to seek earnings history for job applicants....more
4/18/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Gap ,
Proposed Legislation ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Ninth Circuit overturned its own precedent yesterday and ruled that employers cannot justify a pay disparity between men and women by relying on employees’ past salaries. Rizo v. Yovino, No. 16-15372 (9th Cir. Apr. 9,...more
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 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