Summary -
In a case of first impression, a judge of the Essex County Superior Court held that the Federal Arbitration Act (FAA) no longer preempts Section 12.7 of the New Jersey Law Against Discrimination (LAD)—which...more
In May 2022, Colorado legislators passed a law that bans employee non-compete clauses for workers making less than six figures annually. Governor Jared Polis (D) signed the bill into law on June 8, 2022, giving it an...more
Summary Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah...more
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for...more
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the...more
The Equal Employment Opportunity Commission (EEOC) has updated its guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” in view of the recent development and pending...more
The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations...more
The Colorado Department of Labor and Employment issued proposed regulations regarding equal pay transparency under Colorado’s Equal Pay for Equal Work Act (EPEWA), which goes into effect January 1, 2021....more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more
9/14/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Title VII ,
Workplace Safety
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020, in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act,” and...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020 in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act” and...more
This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020 in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act” and...more
4/25/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
On March 19, 2020, the Equal Employment Opportunity Commission (EEOC) revised its 2009 publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act (ADA)” in response to the COVID-19 pandemic....more
On March 19, 2020, the Equal Employment Opportunity Commission (EEOC) revised its 2009 publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act (ADA)” in response to the COVID-19 pandemic....more
On March 11, 2020, the Colorado Department of Labor and Employment issued Colorado Health Emergency Leave with Pay (HELP) Rules that require employers in certain industries to provide paid sick leave for employees exhibiting...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...more
1/27/2020
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Standards ,
Rest and Meal Break ,
Rulemaking Process ,
Salaried Employees ,
State and Local Government ,
State Labor Departments ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more
As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more
11/25/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more
11/20/2019
/ ABC Test ,
Appeals ,
Back Taxes ,
Corporate Counsel ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Enforcement Actions ,
Freelance Workers ,
Gig Economy ,
Income Taxes ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NYDOL ,
On-Demand Services ,
Over-Time ,
Popular ,
State and Local Government ,
Summary Judgment ,
Tax Penalties ,
Uber ,
Wage and Hour
Despite holding office for less than a year, Colorado Governor Jared Polis has signed and advocated for a new wave of legislation. These actions require employers to update policies and possibly wage packages, too....more
On August 12, 2019, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, which seeks to amend the NLRB’s current regulations regarding union election procedures. The proposed rules are the first...more
8/16/2019
/ Blocking Statutes ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more
7/22/2019
/ Accrued Benefits ,
Appeals ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Labor Regulations ,
Notice Requirements ,
State and Local Government ,
State Labor Laws ,
Termination ,
Vacation Pay ,
Wage and Hour