In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes...more
Employers are increasingly using some form of Artificial Intelligence (“AI”) in employment processes and decisions. Per the Equal Employment Opportunities Commission (“EEOC”), examples include:...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
Finally, some efficiency in litigation! Resolving a jurisdictional split created by the Ninth Circuit’s refusal to stay a case when appeal is taken from a decision denying a motion to compel arbitration, the United States...more
6/28/2023
/ Arbitration ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
Good news for at least some employers facing Fair Labor Standards Act (FLSA) collective actions. In Clark v. A&L Home Care and Training Center et al., the 6th Circuit adopted a new standard for collective action conditional...more
Northrup Grumman ends nearly decade-long class action with hundreds of members, all thanks to careful and compliant drafting of a severance plan. Here’s what you need to know.
In Alan Carlson et al. v. Northrop Grumman...more
By now, many employers are aware of the National Labor Relations Board’s (“NLRB”) February 2023 decision McLaren Macomb in which the NLRB reversed the existing standard that an employer’s inclusion of confidentiality,...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
After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary...more
Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more
1/31/2023
/ Attendance ,
BlackRock ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dress Codes ,
Masks ,
NLRA ,
NLRB ,
Retaliation ,
Summary Judgment ,
Title VII ,
Whole Foods
Through the most recent government funding bill, the Pregnant Workers Fairness Act (“PWFA”) was signed into law and is set to take effect June 27, 2023. The PWFA will soon require employers (with 15 or more employees) to...more
The Colorado Department of Labor and Employment’s Division of Family and Medical Leave Insurance (“Division”) has opened enrollment to the employer services portal for businesses, third-party administrators, and local...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 Colorado Department of Labor and Employment (“CDLE”) recently published revisions to its guidance on the posting requirements of the Equal Pay for Equal Work Act (“Act”), including some examples that clarify how the CDLE...more
9/15/2022
/ Colorado ,
Compliance ,
Equal Opportunities ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
LinkedIn ,
Notice Requirements ,
Pay Rates ,
Posting Requirements ,
State Labor Departments ,
State Labor Laws ,
Third-Party
Absent “special circumstances,” an employer violates the National Labor Relations Act (“Act”) when its neutral dress code policy results in a bar on pro-union apparel in the workplace. In a decision involving automaker Tesla,...more
The Equal Employment Opportunity Commission (“EEOC”) has shifted its position on required employee COVID-19 testing. Employers will now have to justify the requirement before enforcing such testing on its workforce....more
The Department of Health and Human Services renewed the public health emergency (“PHE”) determination on April 12, 2022. The 90-day renewal took effect on April 16, 2022, and if not renewed again, will expire in mid-July.
...more
How does the Colorado Department of Labor and Employment (“CDLE”) view unlimited PTO/vacation (used interchangeably) policies? Permissible, but proceed with caution in administration and upon termination of employment—many...more
By now, many employers have received requests for religious accommodations from COVID-19 policies—primarily vaccination policies. The Equal Employment Opportunity Commission’s (“EEOC”) guidance thus far, as reported through...more
In Piron et al. v. General Dynamic Information Technology, Inc., Case 3:19-cv-00709-REP, the United Stated District Court for the Eastern District of Virginia, granted class certification for a Worker Adjustment and...more
A recent California appellate court decision provides insight into the surprising reach of employers’ liability with respect to employee COVID-19 infections.
In See’s Candies, Inc. v. Superior Ct. of Cal., 73 Cal.App.5th...more
There has been no shortage of news on labor drives at Amazon, the eCommerce giant with over 1.2 million employees. Earlier this year, we reported on one of Amazon’s most notable victories at an Alabama facility—a labor drive...more
In the latest twist in the ongoing back and forth on workplace COVID-19 measures, the 6th Circuit Court of Appeals on Friday gave the Occupational Safety and Health Administration (“OSHA”) the go-ahead to implement and...more
A United States District Court in Kentucky granted a preliminary injunction preventing the federal contractor mandate from taking effect in three states. The federal contractor mandate requires all prime and subcontractors at...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