Colorado News & Analysis

  • Navigating alleged break violations under the CO minimum wage order

    A former McDonald's employee, seeking to recover damages for alleged meal and break violations under Colorado's wage laws, got a mixed reaction in the initial rulings from the federal court in Colorado.

  • DOL issues FMLA opinion letters after a long break

    For the first time in nearly a decade, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) has issued opinion letters interpreting the requirements of the Family and Medical Leave Act (FMLA). This may be a sign that the Trump administration intends to rely heavily on opinion letters as a form of guidance for employers, a practice that had been discarded by the Obama administration.

  • Don't forget to properly classify independent contractors

    You likely recall a time not so long ago when the improper classification of employees as independent contractors was the hot topic for the IRS and the U.S. Department of Labor (DOL). In 2011, the agencies entered into a "Memorandum of Understanding" in which they agreed to share information about potential misclassifications in an effort to crack down on the common practice. The DOL also entered into similar agreements with roughly 30 state departments of labor.

  • Investigation limitations: Consider hiring outside help in #MeToo era

    In the era of #MeToo, HR managers are finding that their jobs involve more and more internal investigations. Very few of us entered the field of personnel management because we love questioning alleged victims and suspects. Nevertheless, that is an essential part of addressing internal complaints. So what is an HR manager to do? Well, a new poll indicates that the best option may well be to hire outside investigators.

  • Agency Action

    OFCCP releases directives on equal employment and religious freedom. The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) in August issued two new policy directives, one focused on equal employment opportunity and the other addressing religious freedom. The equal employment opportunity directive calls for more comprehensive reviews of contractor compliance with federal antidiscrimination laws. The religious freedom directive is aimed at protecting the rights of religion-exercising organizations. The DOL said it is implementing a comprehensive compliance initiative that will include adding focused reviews to its compliance activities. The religious freedom directive instructs OFCCP staff to take into account recent U.S. Supreme Court decisions and White House Executive Orders that protect religious freedom.

  • When gender affects authority

    Q A female employee has accused a male subordinate of not respecting her authority because of her gender. The male employee says he has been falsely accused and is very angry. What should we do?

  • Union Activity

    AFL-CIO leader hails defeat of right-to-work law. AFL-CIO President Richard Trumka has spoken out to praise the August referendum in Missouri that struck down the states right-to-work law. Missouri is the latest sign of a true groundswell, and working people are just getting started, Trumka said after the vote. Calling the right-to-work law poisonous anti-worker legislation, he said the laws defeat represents a victory for workers across the country. The message sent by every single person who worked to defeat Prop. A is clear: When we see an opportunity to use our political voice to give workers a more level playing field, we will seize it with overwhelming passion and determination. A day after the election, the AFL-CIO announced an advertising campaign aimed at drawing attention to the wave of collective action happening across the country and showing that anyone can join the momentum working people are generating.

  • Whistleblower fails to show decision maker knew about her reports

    After a client demanded that a staffing agency replace a complaining worker, the staffing agency terminated her. Her subsequent retaliation claim depended on who knew what and when they knew it.

  • New technologies create new employee privacy issues

    Unless you work for a company that's very small or very low-tech by nature, chances are, one of your biggest challenges is keeping up with technology. If your competitors are taking advantage of the many new technological advances that promote efficiency and productivity while you're stuck in 1999, your business will struggle to compete.

  • How and when to initiate ADA interactive process without a request

    When to activate the interactive process under the Americans with Disabilities Act (ADA) isn't clearly defined, and it can be especially challenging for Colorado employers when the employee hasn't requested a reasonable accommodation. Read on to find out how you should handle those tricky situations.