Nathan A. Schacht

Firm/Organization: Baker & Hostetler LLP

Blogs: Class Action Lawsuit Defense, Employment Class Action Blog, Employment Law Spotlight

Latest Articles

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

February 13, 2020

Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights and responsibilities beyond those provided by law. The Order, like the department’s prior annually issued wage orders, includes laws pertaining…

Employment Law Spotlight

Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

By Nathan A. Schacht

June 14, 2019

Colorado’s 2019 legislative session was busy, including producing a trio of new employment laws that tighten regulations on employers in the areas of pay equity, criminal history inquiries and wage theft. Employers face comprehensive changes and should review pay practices, application processes, advancement and promotion policies, and employee record-keeping to comply with these new laws.…

Employment Law Spotlight

Colorado Takes a Strict Stance in New Equal Pay for Equal Work Act

By Nathan A. Schacht

June 5, 2019

Colorado tightened its protections for pay equity when the state’s Equal Pay for Equal Work Act (the “Act”) was signed into law on May 22. The Act, which will take effect on Jan. 1, 2021, provides protections more demanding than those of federal laws and results in changes that employers should immediately consider. Background The Act applies to all Colorado employers regardless of size and contains provisions regarding wage discrepancy, wage history, wage notice requirements…

Employment Law Spotlight

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

By Nathan A. Schacht & Jacob A. Bruner

October 10, 2018

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.…

Employment Law Spotlight

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical Marijuana Outside of Work

By Nathan A. Schacht

June 18, 2015

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…

Employment Law Spotlight

Layoffs in the Energy Sector – Are Employers Prepared?

By Nathan A. Schacht

January 22, 2015

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…

Employment Law Spotlight

New Year, New Colorado Employment Laws

By Nathan A. Schacht

January 7, 2015

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…

Employment Law Spotlight

Texas Files Suit to Strike Down EEOC Background Check Guidance

By Amy J. Traub, Nathan A. Schacht & Todd Lebowitz

November 12, 2013

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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…

Employment Law Spotlight

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

By Ana Salper & Nathan A. Schacht

September 10, 2013

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…

Employment Law Spotlight

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and Internet Usage?

By Nathan A. Schacht

August 1, 2013

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…

Nathan A. Schacht

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

Colorado Takes a Strict Stance in New Equal Pay for Equal Work Act

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical Marijuana Outside of Work

Layoffs in the Energy Sector – Are Employers Prepared?

New Year, New Colorado Employment Laws

Texas Files Suit to Strike Down EEOC Background Check Guidance

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and Internet Usage?

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