Colorado News & Analysis

  • Federal Watch

    Hiring trends over next decade identified. Recruiting and job review site Glassdoor has mined its worldwide trove of job and hiring data and created a list of eight HR and recruiting trends for 2020 and the coming decade: (1) Artificial intelligence will get a seat in upper management, (2) 2020 will begin a culture-first decade for employers, (3) companies will refresh hiring playbooks ahead of a potential recession, (4) employers will further prioritize diversity and inclusion jobs, (5) recruiters will adapt as 65 and older Baby Boomers become the fastest-growing workforce, (6) more people will find their next job on a mobile device, (7) Brexit will threaten tech hiring in the United Kingdom, and (8) the 2020 election cycle will unleash companies political side.

  • No one-size-fits-all approach to drug testing some employees but not others

    Q Our organization has four separate entities with their own distinct handbooks. Is it advisable to create a drug testing policy for one entity but not the others? Does the work environment make a difference (e.g., a safety-sensitive jobsite versus an office setting)?

  • Is a dropouts need not apply policy acceptable?

    Q We are a local county government, and we require that all job applicants have a high-school diploma. Is there a reason not to have a minimum education requirement? For example, would we be in trouble for requesting that drivers or custodians meet a certain education level?

  • Longtime UPS employee's retaliation claim denied by 10th Circuit

    A UPS employee who had sued the company for race discrimination became the subject of a formal investigation by the HR department and was given a disciplinary notice, after which he lost his yearly pay raise. He promptly filed a second lawsuit claiming the internal investigation was in retaliation for his initial discrimination lawsuit. Although he ultimately lost both cases, the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, New Mexico, Utah, and Wyoming employers) took the time to explain at length how an employee should prove retaliation when there's no direct evidence to support his claim.

  • Will your NCAs be enforced? Noncompete tips for NM employers

    Many employers fear entrusting an employee to help them build a book of business only to have the employee take the clients to a competitor. To protect themselves, some employers require certain employees to sign noncompete agreements (NCAs).

  • Employer not liable to employee-spouse of a whistleblower

    Imagine the following scenario—an employee alerts you to a current business practice that (potentially) violates relevant regulations. Not long after, you terminate him for performance-related reasons. On the same day, you also fire the whistleblower's spouse—who had been an employee as well—for performance-related reasons. How protected are you should the whistleblower or his employee-spouse file a claim against you for violating Idaho's Whistleblower Act? Consider the following case summary.

  • Why 2 New Mexico whistleblower cases reached opposite results

    The New Mexico Court of Appeals recently reviewed two whistleblower jury trials in which the jurors came to very different conclusions. In one, the jury awarded a fired employee from the New Mexico Human Services Department (NMHSD) more than $600,000 in damages. In the other, the jury determined that the town of Taos had violated the New Mexico Whistleblower Protection Act (WPA) but had good reason to fire the employee and awarded him $0 in damages. Although the two cases had some commonalities, the fired employees achieved very different results.

  • Coping with loss in the workplace requires more than just implementing a policy

    Perhaps no other subject in the workplace requires more sensitive treatment than the death of an employee. Bonds among people who work together every day can be strong, and coworkers can be left reeling from the loss of one of their own.

  • Hiring challenges persist despite effective recruiting and smart candidates

    Employers are getting used to dealing with an almost constant talent search. The postrecession economic growth over the past decade has spurred employers to create more jobs, and while that would seem to be good news, the challenge of filling those jobs is often daunting.

  • How to keep the peace this election season

    It might be cold outside, but the 2020 election season is heating up. These days, political tension seems to spread like wildfire, and the workplace is no exception.