ICE Extends Form I-9 Compliance Requirements Due to COVID-19

The Department of Homeland Security (DHS) and U.S. immigration and Customs Enforcement (ICE) have extended flexibility in complying with the Employment Eligibility Verification (Form I-9) requirements until April 30, 2022 due to the ongoing COVID-19 pandemic.

Alison Lungstrum MacneillCampbell Litigation, P.C.January 6, 2022COVID-19Comment

Four-Years-Younger Replacement Not Sufficient to Support ADEA Claim

The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.

Ninth Circuit: Ex-Employee Must Arbitrate Claims that Occurred Prior to Entering into Arbitration Agreement

The Ninth Circuit Court of Appeals recently ruled that an employee’s arbitration agreement was enforceable as to complaints of sexual harassment and retaliation against her supervisors that occurred before she entered into the arbitration agreement.

Alison Lungstrum MacneillCampbell Litigation, P.C.September 30, 2021Arbitration, Ninth Circuit, employeeComment

COVID-19 Vaccination Now Mandatory for Many Colorado Health Care Workers

The Colorado State Board of Health (CSBH) adopted an emergency rule mandating that all licensed healthcare facilities ensure their eligible employees, direct contractors, and support staff are fully vaccinated against COVID-19.

Biden Signs Bill Establishing Juneteenth as a Legal Public Holiday

Today, President Biden signed a bill approving the Juneteenth National Independence Day Act, which establishes June 19 as a legal public holiday.

Alison Lungstrum MacneillCampbell Litigation, P.C.June 17, 2021Juneteenth, Federal Holiday, June 19thComment

EEOC Releases Guidance to Employers Regarding the COVID-19 Vaccine

On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.

Alison Lungstrum MacneillCampbell Litigation, P.C.June 3, 2021COVID-19 Vaccine Series, COVID-19, EEOC, Title VII, ADA, GINAComment

California Federal Court: Wife Cannot Hold Husband’s Employer Responsible for Her COVID-19 Infection

A judge in the Northern District of California dismissed a lawsuit brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her.

Alison Lungstrum MacneillCampbell Litigation, P.C.May 14, 2021COVID-19, Workers CompensationComment

DOL Revives Double Damages Awards for Wage Violations

The U.S. Department of Labor’s Wage and Hour Division has given investigators greater discretion in when to seek liquidated damages – double the amount of back pay an employer owes - in pre-litigation settlements for employers’ violations of the overtime or minimum wage provisions of the federal Fair Labor Standards Act.

Alison Lungstrum MacneillCampbell Litigation, P.C.April 22, 2021DOL, WHD, FLSA, Pre-litigation damages, Department of LaborComment

Seventh Circuit: Cargo Loading is Interstate Commerce, Exempt from Arbitration under FAA

The Seventh Circuit Court of Appeals recently held that a ramp supervisor’s cargo loading duties qualified as engaging in commerce under the Federal Arbitration Act (“FAA”), exempting her from Arbitration under the FAA.

U.S. House Passes Equality Act Expanding Federal Protections to LGBTQ Employees

The Unites States House of Representatives recently passed the Equality Act, which expands employment protections to LGBTQ employees under Title VII of the Civil Rights Act.

Court Holds Whole Foods’ Decision to Ban BLM Masks is Not Unlawful

A Federal Court in Massachusetts recently held that disciplining employees who wear Black Lives Matter (BLM) face masks to work does not violate Title VII of the Civil Rights Act of 1964 (Title VII).

Sixth Circuit Holds Employees Cannot Agree to Shortened Federal Anti-Discrimination Statutes Deadlines

The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.

EEOC to Publish Update to Religious Discrimination Compliance Manual

The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.

Alison Lungstrum MacneillCampbell Litigation, P.C.November 12, 2020EEOC, Religious Exemption, Title VIIComment

EEOC Modifies Conciliation Process to Encourage Pre-Lawsuit Resolutions

The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.

Alison Lungstrum MacneillCampbell Litigation, P.C.October 9, 2020EEOC, Discrimination, Title VIIComment

DOL’s Narrowed Joint Employer Rule Struck Down by Federal Court

A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).

Ninth Circuit Finds Amazon Delivery Drivers Exempt from Arbitration

On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.

NLRB: Employers Can Discipline Employees for Offensive Behavior During Protected, Concerted Activity

On July 21, 2020, the National Labor Relations Board (NLRB) issued a decision clarifying that employers can discipline employees for engaging in deeply offensive and abusive conduct, including racially inappropriate language or language of a sexual nature, that occurs while engaging in protected, concerted activity under the National Labor Relations Act (NLRA).

Alison Lungstrum MacneillCampbell Litigation, P.C.July 30, 2020NLRB, NLRA, Employment LawComment

U.S. Supreme Court Broadens Application of Ministerial Exception for Employees of Faith-Based Institutions

In a 7-2 decision, the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.

U.S. House of Representatives Passes Bill Changing Key Elements of the Paycheck Protection Program

On Thursday, the U.S House of Representatives passed a bill giving business owners more flexibility in how they use loans received through the CARES Act’s Paycheck Protection Program (“PPP”).

COVID-19 and Reasonable Accommodations – EEOC Provides Updated Guidance

As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.

The Rocky Mountain Employer