Legal Updates

The Colorado Supreme Court recently issued a decision that significantly reduces an employer’s liability in cases where both the employer and the employee are sued for injuries caused by the employee while performing job duties.   In Ferrer v. Okbamicael, 2017 CO 14, decided on February 27, 2017, a pedestrian sued a taxi cab company […]

Yesterday, a federal judge in Texas issued a nationwide preliminary injunction barring implementation of the new overtime rule that raises the salary threshold for white collar employees from $23,660 to $47,476. Court Decision This ruling means that the new salary threshold for overtime exemptions of executives, administrators, professionals and highly compensated employees will not go […]

The U.S. Department of Labor just released final rules updating the overtime regulations of the Fair Labor Standards Act (FLSA) that will significantly broaden the scope of employees eligible for overtime pay when the rules go into effect December 1, 2016: DOL Announcement. Employers that are governed by the FLSA are required to classify their […]

Downsizing and employee layoffs are the harsh reality of the plunging oil prices, as reflected by the announcements of many oil and gas companies in recent weeks. When a reduction in force becomes unavoidable, employers with Colorado operations should take steps to ensure compliance with Colorado and Federal laws, as well as contract obligations. Highlighted […]

For Colorado employers with a zero-tolerance drug policy, employment termination for marijuana use during off-hours has been an unsettled question ever since medical marijuana first became legal in 2000. While all marijuana use—medical and recreational—is now legal in Colorado, the drug remains classified as an illegal substance under the federal Controlled Substances Act. The quandary […]

Last week, the Tenth Circuit Court of Appeals delivered new guidance as to the type of conduct that can support a hostile work environment claim in Macias v. Southwest Cheese Co.,(10th Cir. August 24, 2015) (https://www.ca10.uscourts.gov/opinions/14/14-2109.pdf). Hostile environment claims require discriminatory conduct that is severe or pervasive enough to create an abusive working environment. When […]

Colorado employers need to be more mindful than ever with regard to timely payment of wages. A new Wage Protection Act (“Act”) has expanded wage claims under the Colorado Wage Claim Act by broadening remedies, creating an administrative resolution procedure, and increasing penalties and fines for noncompliance. Broader Rights:  While previously only former employees had […]

TOP TEN TIPS FOR EMPLOYMENT LAW

Hire Employees “At Will” – “At will” employment provides your business with maximum flexibility in employment relationships by allowing for termination at any time, with or without notice, and for any reason. Use Employment Agreements – An employment agreement is a useful tool in documenting the “at will” nature of the relationship and obtaining the […]