Colorado News & Analysis

  • Center of our discontent: past and future of NLRB 'quickie election' rules

    The National Labor Relations Board (NLRB) is charged with holding union elections whenever petitioners demonstrate a sufficient number of employees in a particular workplace wish to become unionized. The NLRB's "quickie election" rules have changed how this process plays out—and how employers should respond.

  • A treatment plan for negative online employee reviews

    The Wall Street Journal recently reported on its discovery that, after analyzing millions of online reviews of various companies by their current and former employees, it appeared that more than 400 employers might be gaming the system. Each of the companies experienced unusually large single-month increases in the number of reviews posted by their employees to the jobs website Glassdoor. The surges tended to be disproportionately positive not only for the months in which they occurred but also by comparison to the surrounding months. The clear implication was that someone in a position of authority at the companies had spearheaded a campaign to get employees to post positive reviews to the site in an effort to counteract the overwhelmingly negative ones already posted.

  • OSHA reverses course on electronic reporting requirements

    In what has become a familiar refrain for anyone paying attention, the Trump administration has once again pulled back employment-related regulations that had been established or expanded during the Obama administration. This time, the regulations at issue required establishments that are subject to the Occupational Safety and Health Administration's (OSHA) record-keeping requirements to submit information about work-related injuries and illnesses to OSHA electronically. To understand the significance of the change, a quick review of the nature and history of the agency's reporting requirements may be helpful.

  • Handling emotional or distressed employees in the workplace

    Q We have received several complaints from employees about two coworkers who are having a hard time keeping their personal lives out of the workplace. The employees claim it is affecting their ability to concentrate and feel comfortable at work. One is going through a divorce and supposedly cries to his coworkers. The other is a recovering alcoholic who has frequent angry outbursts. How can we help the team but also help the two offenders?

  • Agency Action

    NLRB chair responds to lawmakers on joint-employer rule. National Labor Relations Board (NLRB) Chair John F. Ring in January responded to a letter from members of Congress urging the Board to withdraw its notice of proposed rulemaking aimed at setting a standard for what constitutes a joint-employer relationship. Representative Bobby Scott (D-Virginia), chair of the House Committee on Education and Labor, and Representative Rosa DeLauro (D-Connecticut), chair of one of the committee's subcommittees, had urged the NLRB to abide by the joint-employer standard set out in the Browning-Ferris decision, a more employee-friendly standard than the one in the proposed rule. But Ring countered that the Browning-Ferris decision "leaves much unresolved." He also cited the "lack of clarity" as a reason the NLRB initiated rulemaking to set a joint-employment standard. He noted in his January 17 letter to Scott and DeLauro the "significant interest" in a joint-employment standard as well as a "wide range of views," as evidenced by the more than 26,000 individual

  • Workplace Trends

    Report notes big rise in diversity of Fortune 500 boards. A multiyear study of Fortune 500 companies has found big gains in diversity on company boards. The study, titled "Missing Pieces Report: The 2018 Board Diversity Census of Women and Minorities on Fortune 500 Boards," from the Alliance for Board Diversity, in collaboration with Deloitte, says that the number of Fortune 500 companies with better than 40% diversity has more than doubled from 69 to 145 since 2012. Representation of women and minorities on Fortune 500 boards reached an all-time high at 34%, compared to 30.8% in 2016. Total minority representation increased to 16.1% from 12.8% in 2010, the first year Fortune 500 data was captured. The report's findings point to the increase being driven by Fortune 100 companies, which have 25% women and 38.6% women and minorities. Fortune 500 companies lag behind, with 22.5% women and 34% women and minorities.

  • Legality of rules targeting employee manners continues to confound

    The National Labor Relations Board (NLRB) recently refined its test to determine whether employment rules violate Section 8(a)(1) of the National Labor Relations Act (NLRA). Pitfalls remain, however, for employers that use such rules to try to curb discourteous, disrespectful, or disloyal conduct in the workplace.

  • Now's the time to consider marijuana policy

    State laws legalizing the use of marijuana—whether for medical or recreational use—have been a fast-moving target over the last several years. Currently, there are only 16 states in which marijuana is still illegal for both medical and recreational purposes. And out of those 16, most allow products that contain small amounts of THC, the active ingredient in marijuana.

  • Do you have a ghost of a chance against ghosting?

    If you're like us (and Seth Meyers), you might have a hard time keeping up with all the latest slang terms having to do with new technologies and trends in social interactions and other aspects of modern life. One such term is "ghosting," which is when a person just stops responding to text messages, usually from someone they recently started dating. The term has slowly spread to other situations in which one person suddenly disappears from another person's life, including—you guessed it—when an employee or job applicant is a no-show with no communication or explanation to the employer.

  • Is someone watching me? Do's and don'ts of workplace video surveillance

    For many years, it has been common practice for banks, retail stores, gas stations, and other employers that regularly interact with the public to use video surveillance to prevent theft and ensure security. But what if an employer wants to use video surveillance in the workplace to monitor the conduct and performance of its employees?