On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Healthcare Facilities ,
Immunization Records ,
Masks ,
Medical Records ,
OSHA ,
Recordkeeping Requirements ,
Religious Accommodation ,
Vaccinations ,
Virus Testing
In Rios v. Leprino Foods Co., No. 19-cv-03185-MEH, 2021 BL 341237 (D. Colo. Sept. 09, 2021), the United States District Court for the District of Colorado reminded employers of (1) the need to proceed with caution in...more
On Thursday, September 9, in the wake of a mandate from President Biden, the U.S. Department of Labor (“DOL”) announced that many employers will soon be required to mandate full vaccination for their employees or require that...more
Since the introduction of COVID-19 vaccinations, employers have considered whether vaccine mandates are right for their workplaces. One hurdle has been several lawsuits claiming that because the COVID vaccinations did not...more
Under the Fair Labor Standards Act (“FLSA”), an “employer” includes “any person acting directly or indirectly in the interest of an employer in relation to an employee.” Thus, under certain circumstances, such as in the...more
While many employers typically think of sexual harassment claims in the context of coworker-on-coworker harassment, or supervisor-on-subordinate harassment, alleged customer-on-employee harassment may also result in costly...more
In Thompson v. Microsoft, No. 20-50218 (June 22, 2021), the Fifth Circuit provided employers a great reminder of the importance of the interactive process when it affirmed summary judgment for the employer, Microsoft, on...more
On May 28, 2021, the EEOC updated its technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. This update follows the EEOC’s first hearing, convened to explore the...more
6/7/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Pregnancy ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Exemption ,
Screening Procedures ,
Vaccinations
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new guidance announcing that fully vaccinated people generally do not need to wear a mask or physically distance in most settings, except where...more
Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations...more
In Mancuso v. L’Oreal, the court reminded employers who use non-compete agreements that those agreements, and the employer’s communications with the departing employee, may create enforceable employer obligations,...more
In McFarlane v. Altice USA, Inc., a recent decision out of the Southern District of New York, a class of plaintiffs successfully established standing and stated a plausible claim for breach of implied contract based on a data...more
3/12/2021
/ Breach of Implied Contract ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Personally Identifiable Information ,
Phishing Scams ,
Policies and Procedures ,
Social Security Numbers ,
Standing
The Eighth Circuit Court of Appeal’s recent decision in Lopez v. Whirlpool Corp. reminds employers and employees alike that an employer may not be liable for co-worker sexual harassment when the complaining employee resigns...more
As a result of the pandemic, countless employers have restructured or implemented reductions in force (“RIFs”). Unsurprisingly, RIFs often provoke various discharge-related lawsuits. In one such suit, Marnocha v. St. Vincent...more
The Equal Employment Opportunity Commission (the EEOC) issued Question & Answer Guidance (the Guidance) for employers implementing COVID-19 vaccination policies.
The Guidance explains that vaccination itself is not a...more
This past year, Colorado employers have faced many unprecedented and complex challenges. With new labor and employment statutes and regulations set to take effect next year, employers will confront even more challenges in...more
In State of New York v. Scalia, No. 1:20-cv-1689-GHW (S.D.N.Y. September 8, 2020), the Southern District of New York struck down part of the Department of Labor’s (the “DOL”) rule on joint employment under the Fair Labor...more
In Simmons v. UBS Financial Services Inc., 4:19-CV-3301 (5th Cir. August 24, 2020), the court affirmed dismissal of a complaint because Title VII does not protect nonemployees from mistreatment. The plaintiff was employed by...more
The 11th Circuit Court’s recent decision in Durham v. Rural/Metro Corporation illustrates just how easy it is for a plaintiff to establish a claim under the Pregnancy Discrimination Act (PDA), despite the U.S. Supreme Court’s...more
Colorado Governor Jared Polis’ March 25 “Stay-at-Home” order expired on Sunday, April 26, and the new “Safer-at-Home” order took effect on April 27 along with a new Public Health Order (PHO) from the Colorado Department of...more
In the coming weeks, some state and local governments will modify or lift stay at home orders. Businesses will reopen, and employers who implemented work-from-home policies may recall employees to the workplace. The Equal...more
On April 1, 2020, the Department of Labor (“DOL”) announced temporary regulations for Expanded Family and Medical Leave (“Expanded FMLA”) and Emergency Paid Sick Leave provided under the Families First Coronavirus Response...more
The Families First Coronavirus Response Act (“FFCRA”) requires certain employers to provide paid leave to eligible employees who are unable to work due to specific COVID-19 related reasons. Like many employment statutes, the...more
The Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”) is now effective, but with some last-minute changes and a temporarily modified enforcement scheme. This Order replaces Colorado Minimum Wage Order #35...more
It’s official: The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics (“Division”) has adopted its final formulation of the Colorado Overtime and Minimum Pay Standards (“COMPS” or...more