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How the NLRB Stole Christmas: Expedited Representation Election Cases!

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

Automation & Employment Discrimination

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

[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

Good News for Litigants: Court Case Must Stop While Court Resolves Arbitration Question

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

Return to Cents? 6th Circuit Modifies FLSA Conditional Certification Standard

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

Careful Drafting Carries the Day--Northrop Grumman HR is not a Fiduciary Under Severance Plan

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

First Comes McLaren, Then Comes Memo 23-05

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

[Event] Putting it All Together: Understanding Changes to Wage and Hour Laws and the New Colorado SecureSavings Plan - April 12th,...

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

“AI Made Me Do It” No Defense When Using Automation in Employment

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

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

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

What to Know: The Pregnant Workers Fairness Act

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

Time to Register: FAMLI+ Program is up and Running!

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

[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

The Ever-Evolving INFO #9’s 2022 Updates

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

NLRB Cracks Down on Neutral Employer Dress Code Policies That Result in De Facto Ban of Union Apparel

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

COVID-19 Tests Require Business Necessity, EEOC Says

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

Status Update on Public Health Emergency Leave

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

No Good Deed Goes Unpunished? CDLE’s Vacation Policy Guidance Unclear, Subjective

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

Significant Signals Disguised as Minor Clarifications? EEOC’s Updated Guidance on COVID-19 and Religious Accommodations Provides...

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

Remote Employees May Bring Class Action for WARN Act Claim

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

COVID-19 Workplace Liability May Include Workers’ Comp. and Torts

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

Amazon Labor Settlement Signals Shifting Seas?

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

It’s Back On: OSHA’S Vaccine or Test ETS Freed From Stay

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

Yet Another Court Blocks a Vaccine Mandate—This Time for Federal Contractors

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

5th Circuit Blocks Biden Rule — More to Come and What to Do

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

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