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A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating...

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously...more

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

On September 5, 2019, over the dissent of one member, a majority of the National Labor Relations Board invited briefing to aid the Board in reconsidering the standards for determining whether “profane outbursts and offensive...more

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