Blogs

Three Keys to Becoming a Better Boss

By Mark Castillo posted 15 hours ago
We have all had that feeling. It’s Sunday night. You just finished dinner. The feeling starts in your gut and overtakes your entire body. You know what I’m talking about: The Sunday Night Blues. It’s the thought that you have to go back to work tomorrow. Perhaps you have 60-plus hours of work ahead of you that week. You may be stressed about an important meeting or a presentation you must give. Perhaps your stress is due to a difficult conversation you need to hold with an underperforming employee. Or your anxiety could be as simple as the morning commute at 6:30 a.m. that you are not looking forward to. The Sunday Night Blues and the stress we often feel ...

OSHA Proposes New Standard for Heat Injury and Illness Prevention

By Jennifer Vold posted 15 hours ago
The summer heat may have you dreaming about crisp fall days, but the Occupational Safety and Health Administration (OSHA) is heating up its heat injury and illness prevention initiatives. OSHA has recently focused on its National Emphasis Program (still in effect) and has now proposed a new permanent standard for all employers. While this proposed standard is not yet final, it is helpful to understand its basic components and the existing protocols employers should be following right now. Proposed Standard at a Glance Employers must create a written Heat Injury and Illness Prevention Plan (HIIPP). Employers need to allow new and returning ...

A Roundup of Recent U.S. Supreme Court Decisions Impacting Employers

By Mary Miller posted 16 hours ago
The U.S. Supreme Court had a busy 2023-24 term, with decisions that covered issues including official bribes, immigration, Second Amendment rights, and presidential immunity. While they may not have garnered as much attention in the media, there were also a few important decisions with long-term implications for employers. The following is an overview of three of those decisions. Muldrow v. City of St. Louis In this case, the court decided whether a forced job transfer may constitute illegal discrimination under Title VII of the Civil Rights Act of 1964. The case involved the forced transfer of a St. Louis police officer from the position she held ...

Reminder: Employers Obligated to Inform Colorado Employees of FAMLI Program When Need Arises

By Maggie Roddy posted 2 days ago
Employers participating in the state-run Family and Medical Leave Insurance Program (FAMLI) have a variety of obligations pursuant to Colorado’s paid leave statute. For example, employers are required to withhold or pay themselves the employee portion of the premium and to maintain the employee’s health insurance while on leave. Employers are also required to display a FAMLI program notice in the workplace (or through email or a web-based app if they have a remote workforce) and to provide the notice to employees upon hire. One often-overlooked obligation is that the FAMLI statute requires employers participating in the program to individually deliver the ...

NLRB Retroactively Restricts Existing Severance Agreement

By Ivy Voss posted 7 days ago
The National Labor Relations Board’s (NLRB’s) much-discussed opinion in the McLaren Macomb case in 2023 restricted the use of non-disparagement, confidentiality, and non-competition clauses in employment agreements. This legal doctrine has now been applied to pre-existing contracts in a case involving a 2019 severance agreement. The expansion was not unexpected, as the original NLRB opinion hinted at possible application to prior agreements. Prime Communications LP, an authorized retailer for AT&T, offered a $5,000 severance payment to a worker who resigned. The severance agreement contained non-disparagement and confidentiality clauses that the administrative ...

Colorado Secure Savings Program: Have You Registered?

By Laurie Enke posted 7 days ago
It has been over a year since the first set of registration deadlines for the Colorado Secure Savings Program (CSSP). As of June 30, 2024, more than 15,300 employers had registered for the retirement savings program, and more than 31,500 employers had registered their exemption from the program, certifying that they offer a retirement plan to their employees. The average CSSP participant account balance is $1,119, and the average participant monthly contribution is $165. All Colorado private-sector employers, including nonprofit and religious organizations, are subject to CSSP if they have five or more employees and have been in business for two or more years. ...

Case Study: Six-Month Leaves Generally Are Not Reasonable Accommodations in the 10th Circuit

By Miller Jozwiak posted 7 days ago
If an employee requests a leave of absence in excess of six months as a reasonable accommodation, must the employer grant the request? Earlier this year, in the case Cline v. Clinical Perfusion Systems, Inc. , the United States Court of Appeals for the 10th Circuit again answered that question with a “no.” Background In Cline , an employee experienced a medical emergency that led to loss of consciousness and admission to the ICU. On the day the employee was set to transfer from the ICU to inpatient rehabilitation, the employer decided to terminate his employment. The employee sued the employer for disability discrimination under the Rehabilitation Act, ...

EEOC Releases Guidance for Preventing Harassment in Construction Industry

By Brandon Garrett posted 7 days ago
The construction industry is experiencing growth. However, equal employment opportunities within the field are still being obstructed. Recently, the Equal Employment Opportunity Commission (EEOC) released a document titled Promising Practices for Preventing Harassment in the Construction Industry . It provides guidelines to help employers curb harassment within the industry. The document highlights certain risk factors that are particularly applicable in the construction industry. Those risk factors include homogenous workforces, workplaces with pressure to conform to traditional stereotypes, decentralized workplaces, worksites with multiple employers present, ...

California Governor Signs Two Bills Updating Employers’ Notice Requirements to Employees

By Jaimie Graczyk posted 8 days ago
On July 15, 2024, California Governor Gavin Newsom signed into law Assembly Bill 2299 and Assembly Bill 1870 . The laws will require employers to update written notices to California employees. Assembly Bill 2299 AB 2299 requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under California’s whistleblower laws. The law also requires employers to prominently display the poster in the workplace. California law generally makes it unlawful for employers to prevent employees from disclosing the employer’s violations or noncompliance of federal, state, or local law. Employers are also prohibited from retaliating ...

Appellate Court Sternly Rejects NLRB’s Findings in Employer Surveillance Case

By Drew Hintze posted 14 days ago
An appellate court’s decision this past spring is worth taking note of for employers. The United States Court of Appeals for the D.C. Circuit reversed a National Labor Relations Board (NLRB or Board) decision in Stern Produce Co., Inc. v. NLRB , 97 F.4th 1 (D.C. Cir. 2024) as “nonsense” and determined that a produce company did not violate federal labor law by warning a pro-union truck driver not to cover up a surveillance camera in the cab of his truck. In Stern Produce Co. , the employer equipped its company trucks with a system transmitting real-time data about the vehicle's location and operation, in addition to front and rear-facing cameras. The ...

When Does an Emergency Declaration in Colorado Trigger Additional Paid Leave Requirements?

By Hannah Rich posted 14 days ago
A recent disaster emergency declaration by Colorado Governor Jared Polis in response to an avian flu outbreak has raised questions about the implications for paid sick leave under the Healthy Families and Workplaces Act (HFWA) . This article seeks to clarify the purpose of both public health emergencies (PHEs) and disaster emergencies. Under the HFWA, employees are entitled to an additional bank of paid sick leave of up to 80 hours during a PHE. A PHE is defined as an act of bioterrorism, a pandemic influenza, or an epidemic caused by a novel and highly fatal infectious agent or a highly infectious illness or agent with epidemic or pandemic potential. ...

After Decades in the Making, California PAGA Reform Is Finally Here

By Mary Miller posted 14 days ago
On June 27, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 , which amends Labor Code Section 2699 and provides some relief to businesses under the threat of a PAGA claim in class action lawsuits for labor code violations. In 2004, the California Legislature, in an attempt to enforce employer compliance with labor laws, enacted the Private Attorneys General Act (PAGA), which gave employees the ability to file lawsuits for various labor code violations. The lawsuits would allow the recovery of civil penalties on behalf of the employee, other employees, and the State of California. Since its enactment, it has turned into the vehicle by which ...

Elevate Workplace Communication for a Business Boost

By Megan Johnson posted 14 days ago
Clear communication is critical in achieving strong working relationships at all levels of an organization, which has proved even more true since the COVID-19 pandemic introduced us to a remote workforce. Employers that dedicate time and effort to establishing clear lines of communication foster trust among employees, boosting productivity, output, and morale. Similarly, employees who communicate effectively with colleagues, managers, and customers are invaluable assets to an organization. This skill often distinguishes individuals from other applicants when applying for jobs. Conversely, poor communication in the workplace inevitably results in unmotivated ...

OSHA’s New Hazard Communication Standard Takes Effect July 19, 2024

By Jennifer Vold posted 15 days ago
The Occupational Safety and Health Administration (OSHA) has updated its Hazard Communication Standard to more closely align with the revised Globally Harmonized System (GHS). The updated standard breaks hazards into solids, liquids, gases, and combustible dusts and accounts for changes in a chemical’s physical form. OSHA also added small container labeling requirements and allowed for concentration ranges to be used to protect trade secrets. These updates will require chemical manufacturers, importers, and distributors to make some changes to the labels and safety data sheets for their chemicals. This will, in turn, require employers to update their ...

Supreme Court Overrules Long-Standing Chevron Regulatory Precedent

By Drew Hintze posted 23 days ago
The United States Supreme Court’s recent decision to overturn 40-year-old legal precedent will have a profound impact on how federal agencies — including those regulating workplace health and safety matters — are able to function. In a landmark 6-3 opinion in Loper Bright Enterprises v. Raimondo , the Court fundamentally shifted the balance of power back to the courts from federal agencies. The majority opinion, authored by Chief Justice John Roberts, overruled the Court’s 1984 decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. establishing the principle of judicial deference to administrative agencies' interpretations of ambiguous ...

If an Employee Misuses a Company Credit Card, What Recourse Is Available to the Employer?

By Miller Jozwiak posted 23 days ago
Employers often provide certain employees with company credit cards for use only for business purposes. The practice is convenient for both employers and employees, expediting the process of making important purchases for the organization. Unfortunately, employees sometimes abuse this privilege and use the card for personal expenses. When that happens, what can an employer do? Many employers’ first instinct is to deduct the misused amount from the employee’s next paycheck. Federal and state wage and hour laws, however, generally limit the ability of the employer to make such deductions. For example, under the Colorado Wage Act , employer deductions from ...

Colorado Legislature Amends PROPWA to Clarify Definitions

By Drew Hintze posted 23 days ago
In 2023, the Colorado Legislature passed the Protections for Public Workers Act (PROPWA), which grants rights to expressive and concerted activity similar to Section 7 of the National Labor Relations Act (NLRA) to certain state and local public employees. However, PROPWA stops short of requiring collective bargaining or recognition of an employee organization. Nearly a year after the original bill passed, the Colorado Legislature passed SB24-232 in May 2024, clarifying certain definitions and standards related to public employee rights and the authority of a public employer to limit such rights consistent with PROPWA. Under the law, the Colorado Department ...

New DOL Salary Level Rule for Overtime Exemption Takes Effect

By Barbara Bagdon posted 25 days ago
The U.S. Department of Labor’s (DOL’s) final rule increasing the salary level threshold for employees to be classified as exempt took effect for the vast majority of the nation on Monday, July 1, 2024. However, on June 28, in State of Texas v. Dept. of Labor (E.D. Texas), a federal judge issued an injunction blocking the rule from going into effect as it applies to certain workers in Texas. Importantly, because the lawsuit was brought by the state of Texas, the injunction applies to Texas government employees only and does not affect private employees in Texas or any employees, private or government, in other states. Accordingly, for most employees, the ...

FAMLI Alert for Employers that Top Off Colorado Employees’ Benefits

By Heather Hancz posted 28 days ago
As of July 1, 2024, Colorado’s average weekly wage increases to $1,471.34, up about 3.5% from $1,421.10. This means that some Colorado workers taking Family and Medical Leave Insurance Program (FAMLI) leave may receive a bump in benefits paid from the FAMLI Division. Workers who already receive the maximum benefit of $1,100 a week will not see a change in benefits. However, starting on January 1, 2025, weekly benefits for employees will be capped at $1,324.21. It is important for employers to know that this new average weekly wage will impact how they calculate and top off wages they have agreed to provide to employees as part of a written agreement ...

If You Have Minors in Your Workforce, Here’s What You Need to Know

By Aerie Nandi posted 28 days ago
With summer upon us, many workforces include minors, at least on a temporary basis. Minors bring a unique sense of enthusiasm and work ethic as well as a unique set of legal considerations. The Fair Labor Standards Act (FLSA), the federal law that governs wages and working conditions, places restrictions on the types of jobs and the number of hours minors (employees under the age of 18) can work to ensure that when young people work, it does not jeopardize their health, well-being, or educational opportunities. Limitations on Hours The FLSA generally prohibits any employment of children under the age of 14, with a few exceptions, including ...