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On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered by the DOL in the wake of ongoing litigation to determine the appropriate salary threshold for overtime-exempt employees.…
On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana during off-duty time. The Colorado Supreme Court held that because medical marijuana use is unlawful under federal law, a Colorado employee who uses medical marijuana cannot seek protection under Colorado’s Lawful Off-Duty Activities statute, and his/her employment can be terminated…
Over the past few weeks, the media has focused intently on the oil and gas industry’s extensive layoffs. Well known energy companies have made front-page news with their announcements of their significant layoffs that have often resulted in the termination of thousands of employees or a significant percentage of their workforce. This trend, it appears, is only beginning, and many employers in the industry or that work closely with the industry will face tough decisions…
As Coloradans rang in 2015, new Colorado employment laws and regulations were also ushered into effect. These laws, all effective January 1, 2015, add protections and generally benefit employees while likely creating new compliance requirements (and, potentially, headaches) for Colorado employers. Colorado Minimum Wage Effective January 1, 2015, Colorado’s minimum wage rose $.23 — to $8.23. The minimum cash wage for tipped employees who are subject to the tip credit is now $5.21. This raise…
  Don’t mess with Texas. The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense.  The State of Texas, however, has upended that approach.  On November 4, 2013, Texas filed a federal lawsuit that seeks to strike down the EEOC’s April 2012 Enforcement Guidance limiting employers’ use of criminal background checks in making employment decisions.  The case, Texas v. EEOC, et al., Case No. 5:13-CV-00255, was filed…
How much do an employer’s obligations to prevent and remedy workplace harassment extend into the virtual world?  Does an employer have the same or different obligations to address an employee’s concerns regarding an unwelcome picture posted on Instagram or a sexually inappropriate “tweet” by a co-worker on their own time and on their private social media channels? The laws concerning social media and harassment are complex and evolving, with new trends consistently appearing.   The first…
Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation.  While the dust seems to have settled, at least publicly, for Harvard, its actions brought to the forefront an issue that sometimes flies under an employer’s radar — namely, whether employees have a right to privacy in their electronic communications when using an employer’s computer or…
This is a cross blog post with BakerHostetler’s data privacy blog.  For the latest in developments in data privacy, visit dataprivacymonitor.com. For a multi-jurisdictional summary of key requirements of international data privacy laws, see BakerHostetler’s  International Compendium of Data Privacy Laws. On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving personal data…
Editors’ Note:  This post is being jointly published on BakerHostetler’s Class Action Lawsuit Defense blog. Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party vendor, has become a hot-button employment issue, and a lucrative one for class action plaintiff attorneys.  Similar to other class actions involving technical violations, like wage and…
Editors’ Note:  This post is being jointly published on Baker’s Employment Class Action Blog. Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party vendor, has become a hot-button employment issue, and a lucrative one for class action plaintiff attorneys.  Similar to other class actions involving technical violations, like wage and hour…