Holland & Hart - Employers' Lawyers

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Firm Profile: Holland & Hart LLP
555 17th Street
Suite 3200
Denver, CO 80202, United States
Phone: 303.295.8000
Areas Of Practice
  • Labor & Employment Law

Don't Be Fooled! Compensation Definitions Are Tricky!

Contributions to your 401(k) plan are calculated as a percentage of an employee’s compensation. Seems simple, right? Not so fast. The definition of “compensation” can actually be quite tricky to apply and can lead to errors that…more

401k, Compensation & Benefits, Employee Benefits, IRS, Plan Documents

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New OSHA and CMS COVID-19 Vaccination & Testing Mandates: What Employers Need to Know

Today, the Department of Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) issued its…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Civil Rights Act, Coronavirus/COVID-19, Department of Labor (DOL)

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DOL Issues Final Rule Increasing Salary Limits for Overtime Exemptions – Now What?

The highly anticipated Department of Labor (DOL) final rule is here with a potential July 1, 2024 implementation date. The rule significantly increases the minimum salary threshold for certain overtime exemptions under the Fair…more

Audits, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Idaho Legislature Repeals 2016 Changes to Non-Compete Law

When a new business comes to town, when an existing business seeks to expand, or when a startup is making its way off the ground, it may want (or need) to recruit key employees from existing companies. That can be especially…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Independent Contractors

See all updates »

IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

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Extended Time to Provide ACA Statements

The IRS has extended the time for large employers and medical insurance carriers to provide ACA statements to employees and insureds. See link to IRS Notice 2018-94. Employers (subject to the employer shared responsibility…more

Affordable Care Act, Employee Benefits, Employer Mandates, Filing Deadlines, Health Savings Accounts

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10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,…more

Diversity, Diversity and Inclusion Standards (D&I), Employee Handbooks, Employee Training, Employer Liability Issues

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IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

See all updates »

IRS Attempts to Tighten Rules for Business Meal Exclusions

Internal Revenue Code Section 119 (Code Section 119) allows employees to exclude from income the value of any meals furnished by or on behalf of their employer if the meals are furnished on the employer’s business premises for…more

Internal Revenue Code (IRC), IRS, Meals-Gifts-and Entertainment Rules, Wage and Hour

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A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in…more

Appeals, Dismissals, Equal Employment Opportunity Commission (EEOC), Final Rules, Mootness

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RELIEF FOR SMALL BUSINESSES: Paycheck Protection/Economic Injury Disaster

The CARES Act amends the Small Business Act to provide up to $349 billion in emergency Paycheck Protection Program loans and up to $10 billion in Economic Injury Disaster Loans, to small and medium-sized businesses and nonprofit…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), Relief Measures

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Colorado Rolls Out A Welcome Mat For ESOPs

Employee stock ownership plans (“ESOPs”) are a special breed of qualified retirement plans. Whereas a traditional profit sharing or 401(k) plan is typically invested in mutual funds, an ESOP is designed to invest primarily in…more

401k, Employee Benefits, ESOP, Internal Revenue Code (IRC), IRS

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Demystifying Qualifications for PWFA

Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment?…more

Americans with Disabilities Act (ADA), Pregnant Workers Fairness Act, Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), Reasonable Accommodation, Title VII

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Work Absences for Fertility Treatments: Does FMLA Cover Them?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?…more

Corporate Counsel, Family and Medical Leave Act (FMLA), Fertility Treatments, Pregnancy Discrimination, Reasonable Accommodation

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EMPLOYEE BENEFITS RELIEF: Increased Distributions and Loans from Plans/Elimination of RMD

The CARES Act increases available plan distributions and the amount of loans available from plans to participants. The Act also waives required minimum distribution requirements for 2020. Coronavirus-Related Distributions…more

Business Closures, Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans

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Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

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Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision…more

Amazon, Americans with Disabilities Act (ADA), Civil Rights Act, Collective Agreements, Religious Accommodation

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California’s New Right to Reproductive Loss Leave Effective January 1

As we begin 2024, California has a new right for employees to take leave to grieve loss that went into effect with the new year. Effective January 1, 2024, the state will require employers with five or more employees to…more

California, FEHA, Paid Leave, Reproductive Healthcare Issues, State Labor Laws

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Dodd-Frank Whistleblower Protection Extends Only to Employees Who Report to SEC

The United States Supreme Court today narrowed the universe of plaintiffs who can claim protection under the whistleblower anti-retaliation provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting, Reporting Requirements, Retaliation

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NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

See all updates »

Providing Disaster Relief Payments or Charitable Assistance to Employees During COVID-19

Employers may provide disaster relief payments and/or charitable assistance to employees in several ways. The following includes brief descriptions of each scenario in the context of the COVID-19 pandemic and corresponding…more

Charitable Donations, Coronavirus/COVID-19, Employee Assistance Programs, IRS, Qualified Disaster Relief Payments

See all updates »

New OSHA and CMS COVID-19 Vaccination & Testing Mandates: What Employers Need to Know

Today, the Department of Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) issued its…more

Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Civil Rights Act, Coronavirus/COVID-19, Department of Labor (DOL)

See all updates »

The Disappearing Future of Non-Compete Agreements

For the last two decades, with the principal exception of California and a handful of other jurisdictions, non-competition covenants have been a standard component of the defense architecture for U.S. companies to protect…more

Biden Administration, Contract Terms, Employment Contract, Executive Orders, New Legislation

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Update on Colorado Legislature’s Employment Bills

Colorado’s 74th General Assembly convened the First Regular Session on January 9, 2023. As expected, there has been continued focus on labor and employment, with some particularly surprising proposals (not all of which have…more

Anti-Harassment Policies, Colorado, Compliance, Confidentiality Agreements, Equal Pay

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Ballot Question 2’s Passing Negates Nevada’s Two-Tier Minimum Wage

Effective July 1, 2024, Nevada’s two-tier minimum wage will no longer exist as a result of Ballot Question 2’s passing on November 8, 2022. By way of background, in 2006, Nevada voters approved a two-tier minimum wage system…more

Cost-of-Living Adjustment (COLA), Employee Benefits, Minimum Wage, Nevada

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A Path Towards Legal Permanent Residency: Applications Open on August 19, 2024 for New DHS Family Unity Program

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking…more

Applications, Criminal Records, DACA, Department of Homeland Security (DHS), Filing Deadlines

See all updates »

Equity Incentive Considerations During COVID-19 Crisis

Underwater Employee Stock Options An unprecedented period of price volatility and general decline for many companies has left employee stock options with exercise prices below the current fair market value of the underlying…more

Compensation & Benefits, Coronavirus/COVID-19, Employee Benefits, Incentive Stock Options, Stock Options

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NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

See all updates »

Service Advisors Exempt From Overtime, Says Supreme Court

In a 5-to-4 decision, the Supreme Court ruled that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). In an opinion written by Justice Thomas, and joined by Justices…more

Appeals, Automotive Industry, Car Dealerships, Department of Labor (DOL), Exempt-Employees

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Employers Consider Raising Premiums for Unvaccinated Workers

Employers are impacted in many ways by the COVID-19 pandemic, not the least of which are employee health and safety. For the last several months, employers have used mostly soft-sell approaches to encourage their employees to…more

Coronavirus/COVID-19, Employee Benefits, Food and Drug Administration (FDA), Health Insurance Portability and Accountability Act (HIPAA), Incentives

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Can An Employee Be Required to Sign a Noncompete Agreement Before They Receive Their Final Paycheck?

Question: Can we require an employee to sign a noncompete agreement before they receive their final paycheck? Answer: In short: no, employers cannot withhold an employee’s final paycheck until they sign a non-compete. Doing…more

Colorado, Final Payments, Non-Compete Agreements, Penalties, Restrictive Covenants

See all updates »

IRS Issues Final Prevailing Wage and Apprenticeship Regulations

On June 25, 2024, the Internal Revenue Service and U.S. Department of Treasury published final Treasury Regulations (“Final Regulations”) in the Federal Register on the prevailing wage and registered apprenticeship requirements…more

Apprenticeships, Final Rules, Internal Revenue Code (IRC), IRS, Prevailing Wages

See all updates »

EEOC Steps Up Enforcement for Pregnant Workers: What Businesses Need to Know About the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing anti-discrimination laws, has been increasingly active in addressing compliance with regulations affecting pregnant workers. This has…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Compliance, Enforcement, Equal Employment Opportunity Commission (EEOC)

See all updates »

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?…more

Collective Bargaining Agreements (CBA), Damages, Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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The Significance of Pay Transparency: A Persistent Legislative Trend and Its Relevance for Employers

The 2023 and 2024 legislative landscape witnessed a surge in states and cities implementing diverse pay transparency requirements. Despite the progress in recent years in reducing the wage gap, gender pay disparities persist,…more

Compensation, Gender-Based Pay Discrimination, Job Ads, Minimum Salary, Negotiations

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Tenth Circuit Court of Appeals Upholds Workplace Policies Against Secret Recordings

In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning HR…more

Anti-Discrimination Policies, Appeals, Audio Recording, Corporate Counsel, Employment Policies

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EEOC Steps Up Enforcement for Pregnant Workers: What Businesses Need to Know About the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing anti-discrimination laws, has been increasingly active in addressing compliance with regulations affecting pregnant workers. This has…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Compliance, Enforcement, Equal Employment Opportunity Commission (EEOC)

See all updates »

Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits began approximately a year ago…more

401k, Breach of Duty, Employee Retirement Income Security Act (ERISA), Employer Responsibilities, Fiduciary

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Idaho Legislature Repeals 2016 Changes to Non-Compete Law

When a new business comes to town, when an existing business seeks to expand, or when a startup is making its way off the ground, it may want (or need) to recruit key employees from existing companies. That can be especially…more

Employer Liability Issues, Employment Contract, Former Employee, Hiring & Firing, Independent Contractors

See all updates »

HEALTHCARE: Health Provisions/Medicare & Medicare Extenders/OTC Drugs

The CARES Act adopts several measures to help stabilize the healthcare system, address health care issues directly and indirectly related to the current pandemic and ensure future preparedness. It also allocates $100 billion of…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Food and Drug Administration (FDA), Generic Drugs

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Second Decision on FTC’s Noncompete Ban Is In

On July 23, 2024, a federal judge from the Eastern District of Pennsylvania declined to issue a preliminary injunction that would block the Federal Trade Commission’s (“FTC”) rule banning most noncompete agreements, current and…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Pennsylvania

See all updates »

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited from…more

Confidentiality Agreements, Confidentiality Policies, NLRA, NLRB, Non-Disclosure Agreement

See all updates »

A Path Towards Legal Permanent Residency: Applications Open on August 19, 2024 for New DHS Family Unity Program

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking…more

Applications, Criminal Records, DACA, Department of Homeland Security (DHS), Filing Deadlines

See all updates »

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a…more

Canada, Disability Discrimination, Employer Liability Issues, Reasonable Accommodation

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Navigating Nevada’s Voter Leave Laws

Election season is here. In many states, early voting has already started or will soon begin. It is crucial for Nevada employers to understand their obligations regarding employees with Election Day approaching in just a couple…more

Anti-Retaliation Provisions, Compliance, Employment Policies, Nevada, Voting Leave

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Algorithmic Accountability: The Next Frontier in Employment Law?

Artificial intelligence (or AI) technology is rapidly transforming industry norms and creating new possibilities along with moral, ethical, and legal implications. The Society for Human Resource Management has recently observed…more

Algorithms, Anti-Discrimination Policies, Anti-Retaliation Provisions, Artificial Intelligence, Automated Decision Systems (ADS)

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The FTC’s Noncompete Ban Is Dead—For Now

Employers finally have the answer they’ve been waiting for: they don’t need to comply with the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements—for now…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Current Issues in Fall 2024 for PERM Labor Certifications: What Employers Need to Know

As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to…more

Audits, Compliance, Deadlines, Department of Labor (DOL), Documentation

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