Colorado News & Analysis

  • Union Activity

    UAW urges Congress to review labor laws. The United Auto Workers (UAW) in June called on Congress to take a comprehensive look at the country's labor laws and rules from the National Labor Relations Board (NLRB) affecting the UAW's ability to form a union at the Volkswagen plant in Chattanooga, Tennessee. UAW spokesperson Brian Rothenberg said Volkswagen was able to delay bargaining and a vote "through legal games." Calling the labor laws "broken," Rothenberg said workers shouldn't have "to endure threats and intimidation in order to obtain the right to collectively bargain." He said current law "caters to clever lawyers who are able to manipulate the NLRB process."

  • Colorado Legislature passes numerous important employment-related bills

    Led by Democratic majorities in both the House and the Senate, the Colorado General Assembly passed multiple important employment-related bills during its 2019 legislative session. The state's new Democratic governor, Jared Polis, recently signed all the bills below into law.

  • DOL updates opinion on independent contractors for the gig economy

    Under the Trump administration, the U.S. Department of Labor (DOL) has taken a decidedly industry-friendly approach to the independent contractor analysis. If there was any doubt before, that was made clear by its recent issuance of a whopping 10-page opinion letter examining the nature of the relationship between a virtual marketplace company (think Uber) and the "gig" workers they employ (e.g., Uber drivers).

  • Supreme Court ruling raises stakes in Title VII claims

    If an employee files a timely Equal Employment Opportunity Commission (EEOC) charge, can she later raise new discrimination allegations after the filing deadline has passed? That's the issue addressed in a new decision from the U.S. Supreme Court. Spoiler alert: The answer is no, unless the employer—or more accurately, its attorney—doesn't notice. To understand the Court's ruling, it's helpful to understand the EEOC's role in discrimination claims.

  • Employer learns expensive lesson when it sues former employee

    A former employee cannot accuse her former employer of retaliation for something it did after she no longer worked for the company. However, the employer likely could have avoided the entire situation if it had chosen not to pursue a relatively small claim against its former employee.

  • Agency Action

    NLRB reveals rulemaking plans. The National Labor Relations Board (NLRB) in May announced its rulemaking priorities, which include proceeding with its rulemaking on a standard for joint employment. The Board's agenda also includes plans for rulemaking in the following areas: representation-case procedures; standards for blocking charges, voluntary recognition, and the formation of bargaining relationships in the construction industry; the standard for determining whether students who perform services at private colleges or universities in connection with their studies should be considered employees; and standards for access to an employer's private property.

  • FMLA leave for dad's mental comfort, reassurance

    Q An employee who is eligible for Family and Medical Leave Act (FMLA) leave has requested to use it to spend time with her father, who is in a nursing home but having difficulty settling in. He has dementia and will listen only to family members. Is this a qualifying event? She wouldn't be the primary caregiver.

  • Court: 2013 CADA amendments give more remedies to state employees

    On April 4, 2019, the Colorado Court of Appeals issued its decision in Houchin v. Denver Health and Hospital Authority, holding that under 2013 amendments to the Colorado Anti-Discrimination Act (CADA), state employees may file claims for certain types of damages against their employer, but employees of Colorado's numerous political subdivisions may not. This decision highlights the importance of legislative drafting and interpretation in the context of discrimination claims in the state.

  • Supreme Court will decide whether LGBT discrimination is unlawful

    The U.S. Supreme Court has agreed to decide the long-unresolved question of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation or gender identity. The issue has been percolating in the lower courts for quite a while. As it frequently does, the Court declined to consider the question until there was a conflict between several appellate courts. Let's take a look at the history of the Court's decisions, the arguments on both sides of the issue, and what we can expect next.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.