News Briefs

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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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On June 18, 2024, the California Labor Commissioner announced a nearly $6 million citation to a giant warehouse retailer for violating California’s Warehouse Quotas law. On January 1, 2022, Assembly Bill 701, also known as California’s warehouse quotas law, went into effect. The law requires ...
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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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On June 13, 2024, the U.S. Supreme Court issued a decision in Starbucks Corp. v. McKinney making it more difficult for the National Labor Relations Board (NLRB or Board) to obtain temporary reinstatement of workers fired during labor disputes. Section 10(j) of the National Labor Relations Act (NLRA) gives the Board ...
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Groff v. DeJoy was the U.S. Supreme Court case decided on June 29, 2023, that redefined the religious accommodation standard. Significantly, it removed the “de minimis,” or very minor, hardship rule when discussing religious accommodations and replaced it with a higher “substantial in the overall context of the business” ...
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On June 12, 2024, the California Labor Commissioner’s Office announced that it reached a $658,948 settlement with a Los Angeles residential care facility for failure to pay employees for all hours worked. The settlement will provide owed wages and damages to the 34 employees who were forced to work through required meal ...
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A bill passed during Utah’s most recent legislative session expands religious protections for employees, effective May 1, 2024. H.B. 396 amended Utah’s Antidiscrimination Act to prohibit covered employers from compelling an employee to “engage in religiously objectionable expression that the employee reasonably believes ...
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As employers are now almost 18 months into Colorado’s Family and Medical Leave Insurance Program (FAMLI), it is important to remember that notice requirements to employees remain an ongoing responsibility. Employers are required to notify their employees about the FAMLI program when they are hired and when they experience ...
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In a May 21, 2024, decision, Starbucks Corp . , N.L.R.B. A.L.J., No. 07-CA-302784, a National Labor Relations Board (NLRB) administrative law judge (ALJ) struck down a Starbucks policy that required respectful communication in the workplace because enforcement of the policy chilled employees’ rights to discuss the terms ...