On May 9, 2011, the U.S. Department of Labor issued a news release announcing the launch of its first application for smartphones – a timesheet to help employees independently track the hours they work and determine the wages they are
Gokenbach Law
Gokenbach Law is a law firm that provides legal counsel primarily focused on employment and labor law issues affecting employers, particularly in Colorado. The firm publishes detailed analyses and updates on federal and state employment regulations, wage and hour laws, employee leave requirements, discrimination cases, and privacy concerns related to labor practices. Its content often addresses compliance with laws such as the Fair Labor Standards Act, Family Medical Leave Act, and Colorado-specific employment statutes. The firm also covers significant court rulings impacting employer obligations and employee rights, offering guidance on topics like medical marijuana use, independent contractor classification, and employer privacy rights.
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The Affordable Care Act: Something to Think About While Waiting for the Courts of Appeals to Decide the “Individual Mandate” Issue
As the first anniversary of the Patient Protection and Affordable Care Act approaches (it was signed into law March 23, 2010), 5 district courts across the nation have addressed the constitutionality of this controversial piece of legislation (U.S. District Court…
U.S. Supreme Court Throws Curve Balls At Employers
Opening day for the Colorado Rockies at Coors Field is Friday, April 1, 2011. It is a day of excitement, anticipation, feigned illnesses, and sell out crowds. Not only does baseball season start on a Friday this year (it has…
Tenth Circuit: State vs. Federal Right to Sue Notices
Colorado, like many other states, has both a state employment discrimination agency, the Colorado Civil Rights Division (CCRD), and the federal Equal Employment Opportunity Commission (EEOC). The state and federal agencies have a worksharing agreement in place that…
It’s a Snow Day! Dealing with Inclement Weather and the Proper Payment of Wages
I have received quite a few requests for inclement weather policies of late, and since the topic of “snow days” frequently arises this time of year, I wanted to provide some (hopefully) useful information for employers. The question of whether an employer…
Word On the Street: Final ADAAA Regs Approved By EEOC
HR.BLR.com reported today that the Equal Employment Opportunity Commission (EEOC) has privately approved its final draft regulations under the ADA Amendments Act (ADAAA). So, where does that leave us? First, the Office of Management and Budget (OMB), a federal agency that must…
Newsworthy Events This First Monday of 2011
Happy New Year! I know I am more than happy to say goodbye to 2010, am looking forward to all the possibilities of 2011, and hope that anyone taking the time to read my blog is also off to a good start…
Paycheck Fairness Act Fails 58-41 In the Senate
On November 17, 2010, the Cloture Motion to proceed with the Paycheck Fairness Act in the Senate failed 58-41. In other words, a petition for cloture (or, a request to proceed with limited debate on the legislation) was before the Senate…
Discretionary Standard Applies To Prevailing Employer Attorney Fees Under Colorado Wage Act
On October 28, 2010, in Carruthers v. Carrier Access Corporation, the Colorado Court of Appeals affirmed a district court’s discretionary award of attorney fees in favor of a prevailing employer in a Colorado Wage Act case. This is a…
Patience Is A Virtue With Workplace Investigations
Earlier this year, the Obama Administration was heavily criticized for its rush to judgment against Shirley Sherrod, the then-Secretary of Agriculture. After allegations of racist remarks at an NAACP meeting in Georgia, the Administration demanded her immediate resignation. Only problem…