Colorado News & Analysis

  • HR Technology

    Hiring platform releases code of ethics for using AI. Modern Hire, a platform aimed at enabling organizations to improve hiring experiences, has released a code of ethics regarding the ethical development and adoption of the use of artificial intelligence (AI) in hiring. The code incorporates the following tenets: Modern Hire evaluates only information candidates knowingly provide, it will provide candidates with feedback whenever permitted by clients, it discloses to candidates how their data is being evaluated and used, and it rigorously develops and tests all scoring methodologies for its AI-powered hiring assessments and interviews. The company said its approach and code of ethics reflect a candidate-first, job-relevant approach to the use of technology.

  • New BOPA rule makes public employee union certification easier, no election needed

    On December 12, 2019, the Montana Board of Personnel Appeals (BOPA) adopted a new rule permitting the certification of a labor organization as an exclusive collective bargaining representative of Montana public employees without an election. Prior to the rule, the BOPA had required an election before certifying the union, similar to the requirements of the National Labor Relations Board (NLRB) and federal law.

  • Policy manual or personnel handbook can create contractual terms

    Karim Salehpoor was an engineering professor at New Mexico Institute of Mining & Technology (NM Tech). Salehpoor taught under a series of annual employment contracts. As the 2011-12 academic year came to an end, he was notified that his contract wouldn't be renewed for the upcoming year.

  • Ready for the future of recruiting? AI in the spotlight

    Some tout the use of artificial intelligence (AI) in hiring as a means of quickly and efficiently screening job applicants and, perhaps more important, removing human bias from hiring. But others point to AI doing just the opposite—actually introducing bias into the process. Regardless of the pros and cons, employers need to realize AI isn't going away and is instead gaining ground in various facets of the workplace.

  • Sorting out rules on joint employment: DOL, NLRB, EEOC all involved

    Figuring out when a joint-employment arrangement exists can be like traveling a dusty, winding road. When will the dust settle, and where will the road go? Those questions haven't been completely answered. One answer became clear in January when the U.S. Department of Labor (DOL) announced its final rule on joint employment. But the National Labor Relations Board (NLRB) also is at work on the issue, and the Equal Employment Opportunity Commission (EEOC) is working on a rule. Here's a look at where the issue stands.

  • Is 'OK, Boomer' age discrimination? Supreme Court might tell us

    Life may be a meme—or at least it may seem that way sometimes, especially after a meme embodying intergenerational conflict recently worked its way into arguments in an age discrimination case before the highest court in the land. At oral arguments in Babb v. Wilkie, Chief Justice John Roberts asked one of the advocates if using the phrase "OK, Boomer" during the hiring process was age discrimination.

  • Dress code tips inspired by JLo and Shakira's halftime show

    Is it just me, or did JLo and Shakira's halftime performance at the Super Bowl receive more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was magnificent and empowering, while others derided the show as a burlesque sequel to JLo's stripper role in the movie Hustlers.

  • DOL recovers record $322M in back wages during FY 2019

    The U.S. Department of Labor (DOL) recently announced its Wage and Hour Division (WHD) had recovered a record $322 million in wages owed to workers during fiscal year (FY) 2019. The WHD also set a new record for compliance assistance events, holding more than 3,700 educational outreach events in FY 2019—including on-the-ground presentations and training—to help job creators understand their responsibilities under the law.

  • Compensatory time off is allowed only in very specific circumstances

    Q We have a long-term employee who has begun acting irrationally and erratically—demanding to be placed on projects he isn't qualified for, having emotional outbursts in front of other employees—which has had a negative effect on his work performance. He also has vision issues that have resulted in the loss of his driver's license. Can we legally suspend his employment until he is evaluated by a doctor and receives medical clearance to return to work?

  • Federal Watch

    Retaliation tops list of EEOC charges in 2019. Retaliation continued to be the most frequently filed charge considered by the Equal Employment Opportunity Commission (EEOC) in fiscal year 2019, according to enforcement and litigation data released in January. Retaliation accounted for 53.8% of all charges filed. Disability was the next most frequently filed charge (33.4%), followed by race (33.0%), sex (32.4%), age (21.4%), national origin (9.6%), color (4.7%), religion (3.7%), Equal Pay Act (1.5%), and genetic information (0.3%). The percentages add up to more than 100% because some charges allege multiple bases. The EEOC also reported receiving 7,514 sexual harassment charges during fiscal year 2019, a 1.2% decrease from fiscal year 2018. The sexual harassment charges accounted for 10.3% of all charges filed during the fiscal year, which ended September 30, 2019.