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On Tuesday afternoon, a federal judge for the U.S. District Court in the Eastern District of Texas (Sherman Division) entered a preliminary injunction in State of Nevada et al. v. United States Department of Labor et al., Civil Action No. 4:16-CV-00731, blocking the U.S. Department of Labor’s Final Rule, which would have increased the minimum salary for “white collar” exempt employees from $455 per week ($23,660 annually) to $921 per week ($47,892 annually) and created an automatic update…
Colorado Employer’s Law, a member of the Worklaw® Network, a nationwide affiliation of independent law firms practicing labor and employment law – joined in the filing today of a lawsuit (PDF) against the U.S. Department of Labor and Secretary Thomas Perez to block the federal government’s illegal intrusion into private conversations regarding employment, labor and HR matters between attorneys and employers. Under a new Interpretation of current “persuader rule” law released by the
On June 15, 2015, in a 6-0 opinion, the Colorado Supreme Court provided its long-awaited ruling in Coats v. Dish Network, LLC (PDF). The Court affirmed the Colorado Court of Appeals’ decision below, and held that because marijuana is a Schedule I banned substance under federal law, it is not a “lawful” off-duty activity under Colorado law. Therefore, employers such as Dish Network, LLC may terminate employees who test positive for tetrahydrocannabinol (“THC”), a
On June 1, 2015, in an 8-1 decision, the United States Supreme Court reversed the Tenth Circuit Court of Appeal’s decision in favor of Abercrombie & Fitch in EEOC v. Abercrombie & Fitch Stores, Inc. (PDF) — a case involving a failure-to-accommodate religious discrimination claim under Title VII of the Civil Rights Act of 1964. Case Facts In 2008, Samantha Elauf (pictured on right) was 17 years old when she applied for a job as a…
On Tuesday, May 13, 2014, the Colorado Supreme Court issued two decisions that provide a glimmer of hope for businesses waging the war with state government agencies over the classification of workers as independent contractors. The cases are: Industrial Claim Appeals Office v. Softrock Geological Services, Inc. et al. (involving the classification of 1 geologist) Western Logistics, Inc. d/b/a Diligent Delivery Systems v. Industrial Claim Appeals Office et al. (involving the classification of 220 delivery…
Five years in the making (previously introduced without success in 2009, 2010, 2011, and 2012), the Job Protection and Civil Rights Enforcement Act of 2013 (HB 13-1136) (PDF) was introduced again this year in the House on January 18, 2013, and took less than five months to pass through both branches of the Colorado legislature and get signed into law by the Governor on May 6, 2013, despite considerable opposition from business groups.…
On April 19, 2013, Governor John Hickenlooper signed into law SB 13-018, otherwise known as “the Employment Opportunity Act.” The Employment Opportunity Act prohibits employers from obtaining and using consumer credit information for employment purposes unless the credit information is “substantially related” to the position.  Currently, there are only 8 other states where employment protections have been adopted for individuals who may have fallen on hard economic times, including California, Connecticut, Hawaii, Illinois, Maryland,…
  Employers take note of a slew of employment law changes in 2013, including new I-9 forms, new FMLA posters and forms, and new FCRA forms.   New I-9 Forms Effective May 7, 2013, new Employment Eligibility Verification Form I-9s are required. The new forms are available from the U.S. Citizenship and Immigration Services website at:http://www.uscis.gov/files/form/i-9.pdf. The new I-9 form was published on March 8, 2013 and must be in place and used…
While many Coloradoans are taking advantage of their last few ski days of the season, the Colorado legislature has been busy passing new, groundbreaking legislation with respect to civil unions and the use of individual credit histories in employment decisions. How will this new legislation affect employers? Read on. Colorado Civil Union Act On March 21, 2013, Governor John Hickenlooper signed the Colorado Civil Union Act (SB13-011) (PDF) into law, authorizing 2 unmarried adults, regardless…
Percolating since last year, Colorado’s Employment Opportunity Act has resurfaced in early 2013 and may be on the road to passage.  Known as SB13-018, or Senate Bill 18, the Employment Opportunity Act recently passed its third reading in the Senate on February 12, 2013 (final vote, 20 in favor: 15 opposed) and now is before the House. Employers take note – if passed, the Employment Opportunity Act WILL affect the use of credit checks in…