News Briefs

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The U.S. Equal Employment Opportunity Commission (EEOC) and United Airlines recently reached a $99,000 settlement in a lawsuit for a hostile work environment based on race and national origin. This case serves as a reminder to employers of the costly consequences of failing to promptly and adequately investigate ...
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Under the Fair Labor Standards Act (FLSA), regardless of whether a tip credit is taken, managers and supervisors cannot keep tips unless they “solely and directly” provide service to a customer. The law further prohibits managers and supervisors from participating in a tip pool arrangement with other employees who directly ...
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February 1, 2025, is the deadline for certain employers to post their summary of the prior year’s recordable injuries and illnesses as required by the Occupational Safety and Health Administration (OSHA). Employers can use OSHA’s 300A form to provide this summary. While the federal Occupational Safety ...
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Affirmative action programs are facing significant changes. President Trump issued an executive order the night of January 21, 2025, revoking several prior orders regarding federal diversity, equity, and inclusion programs. Among those orders revoked was Executive Order 11246, the 1965 edict establishing affirmative action ...
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The battle between protecting workers’ rights and an employer’s right to engage in free speech has landed in federal court in the Eastern District of California. S enate Bill 399 , commonly referred to as the “captive audience” law, went into effect on January 1, 2025. This statute prohibits employers ...
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On January 14, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued Opinion Letter FMLA 2025-01-A , addressing how state and local paid family and medical leave programs interact with the Family and Medical Leave Act’s (FMLA) paid leave substitution provisions. The letter provides valuable ...
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Wearable technology has become commonplace in society, as evidenced by the hundreds of millions of smartwatch users across the world. That trend extends to the workplace, and the U.S. Equal Employment Opportunity Commission (EEOC) recently released a fact sheet explaining how wearable technology can be implicated ...
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Since the Fair Labor Standards Act (FLSA) was enacted in 1938, employers have had the burden of proving that an exemption applies to the overtime requirement, which requires that employees receive overtime for work over 40 hours in one week. The FLSA, however, is silent on the evidentiary burden required for an employer ...
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As part of the newly issue d regulations for Colorado’s Family and Medical Leave Insurance Program (FAMLI), the Colorado Department of Labor and Employment (CDLE) has clarified (and potentially narrowed) how it determines whether an entity is a government entity that may opt out of the FAMLI rubric. ...
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Colorado’s Family and Medical Leave Insurance Program (FAMLI) Division has adopted new regulations as of January 1, 2025, that update the appeals process for everyone who wants to dispute a decision. The update gives employers, claimants, legal representatives, and other interested parties a new platform ...
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A new year has brought changes to Colorado’s Family and Medical Leave Insurance Program (FAMLI). On January 1, 2025, the second year of employee eligibility for leave under the program began with newly adopted rules in place that, among other things, increase the number of fines that can be assessed against employers. ...
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers ...
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The U.S. Department of Labor (DOL) recently obtained a judgment against an Arizona drywall contractor in the amount of $1.7 million in back wages and damages. Su v. Bean Drywall, Inc. involved 246 employees who were found to have been denied overtime pay. In addition to the back wages, the employer was assessed ...
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The U.S. Department of Labor (DOL) and the Colorado Department of Labor and Employment (CDLE) are not the only agencies auditing wage and hour violations. The City and County of Denver is also auditing employers operating within Denver for wage and hour violations. In January 2023, the City and County of Denver ...
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As employers navigate year-end payroll reporting, questions have emerged about how Colorado's Family and Medical Leave Insurance Program (FAMLI) premiums and benefit payments should appear on the Form W-2. Below is a general overview of reporting guidance for employers that has been previously ...
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On January 1, 2025, the California state minimum wage will increase by 50 cents, bringing it to $16.50 per hour. The minimum wage will remain at $16.00 per hour through December 31, 2024. Certain exempt-level employees (administrative, executive, and professional) will also see an increase in the minimum annual salary threshold ...
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Under Section 14(c) of the Fair Labor Standards Act (FLSA), employers are currently permitted to apply to the Wage and Hour Division for a certificate that allows payment of less than the federal minimum wage to certain employees with disabilities. Specifically, it allows such payments to employees who have a physical or ...
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The Colorado Department of Revenue, Taxation Division has announced the issuance of four updated forms for 2025. Of the updated forms, the most important for employment law purposes is the DR0995, Notice of Federal and State Refundable Tax Credits . The requirement that this form be provided to Colorado ...
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The U.S. Department of Labor (DOL) recently released an opinion letter clarifying that employees may take Family and Medical Leave Act (FMLA) leave to participate in clinical trials, assuming all other eligibility factors are met. The DOL reasoned that because the FMLA broadly defines “continuing treatment” ...
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During the holiday season, many employers give gifts, such as $25 gift cards or bonuses, to employees. Whether such gifts are considered compensation for hours worked for nonexempt employees depends on the circumstances. The Fair Labor Standards Act (FLSA) requires that employers pay nonexempt employees at ...