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The Only Constant is Change: Colorado Employment Law Updates

For Colorado employers of all sizes, the last five years have proven the truth of the adage that “the only constant is change.” Starting in 2019 with the signing of a ground-breaking pay transparency law, the Equal Pay for...more

Will Pay Transparency Laws Level the Playing Field?

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of...more

A Portrait in Blue: Recent Developments in Colorado Employment Laws (Part 1)

Colorado’s blue wave has led to the passage of a number of employment laws championed by the Democratic Party, labor unions, and worker advocates. Some of these laws have left employers feeling blue, especially small...more

States of Flux — What Employers Need to Know About Election 2020 and New State Laws

With so much focus on the presidential election, there has been little mention of the meaningful changes to state laws approved by voters across the country. As noted below, many of these changes will have a significant...more

It’s Springtime for Wage and Hour Rights: Worker-Friendly Changes to Wage & Overtime Regulations Are Blooming in Colorado

In the midst of growing alarm over the coronavirus pandemic and an almost all-consuming focus on public health, workplace and legal developments related to the pandemic, many Colorado employers may have missed the significant...more

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Court Says Disability-Based Harassment Is Unlawful Under ADA But Finds Plaintiff’s Evidence Lacking

Although we would like to believe that we live in a more enlightened era, disability rights activists will tell you that the repugnant practice of mocking people with disabilities persists, and not just among schoolyard...more

Is It Illegal To Consider A Foreign Accent When Evaluating Candidates For a Customer-Service Job?

Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job. Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the...more

Don’t Say That! … Or Do? New Court Guidance on Employer Statements in Union Organizing Campaigns

I often advise employers large and small on what to do (and what not to do) during union organizing campaigns. I am continually surprised at how many employers have misconceptions about the do’s and don’ts when a campaign is...more

Colorado becomes the 13th State to “Ban the Box” – Prohibiting Employers from Inquiring about Criminal Convictions on Initial...

Colorado employers should review and, if necessary, revise job applications to remove questions about criminal history. Colorado has joined a growing number of states and municipalities to pass “ban the box” laws, which...more

Can an Airport Skycap’s Complaint About the Poor Tipping Habits of French Soccer Players Really Become a Federal Case?

One of the least appreciated federal workplace laws is Section 7 of the National Labor Relations Act, the 1935 law which gives most private sector employees in the U.S. the right to form and join unions. ...more

It’s Time To Be Creative: Historically Low Unemployment Rates Fuel New Approaches To Parental Leave

In October 2018, NPR reported that the U.S. unemployment rate had dropped to 3.7 percent, the lowest rate in 50 years. In some states, like Colorado, where I live, the rate is even lower (3.1 percent, per Denver Post). ...more

Lower Court Split Means Supreme Court Could Rule On Rights Of Gay And Transgender Employees

According to a Supreme Court brief filed by the U.S. Department of Justice (DOJ), federal law allows employers in the United States to purposefully discriminate against employees based on their gender identity. In other...more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

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