NLRB Guidance Finds Cannabis Growers Are Not Covered Under Labor Laws Due to Agricultural Worker Exemption

This week, counsel for the National Labor Relations Board (“NLRB”) issued guidance on whether employees of Agri-Kind, a marijuana enterprise in Pennsylvania, who work in its indoor grow rooms are entitled to protections under the National Labor Relations Act (“NLRA”).

Johnathan KoonceCampbell Litigation, P.C.January 28, 2021NLRB, NLRA, NLRB Guidance, Employment LawComment

The EEOC Provides Guidance on the Administration of COVID-19 Vaccines

This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.

Employers May Be Liable for Disability Discrimination Claims Even If the Employee Suffers No Adverse Action Such as Firing or Demotion

This week, the United States Court of Appeals for the Tenth Circuit clarified that employees may sue their employer under the Americans with Disabilities Act (“ADA”) for failing to accommodate their disability, even if the employee was not subject to an adverse action such as firing or demotion.

The U.S. Department of Labor Proposes a New Economic Reality Test to Determine When Workers Classify As Independent Contractors or Employees

The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.

U.S. Labor Department Issues Guidance to Remind Employers of Obligation to Track Hours Worked Remotely

This week, the U.S. Department of Labor issued guidance regarding employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the number of hours of compensable work performed by employees, including work performed remotely or away from their employers’ worksite.

Johnathan KoonceCampbell Litigation, P.C.August 27, 2020FLSA, Overtime, COVID-19, Telework, Remote Work, Wage and HourComment

Colorado Passes Healthy Families and Workplaces Act to Provide Workers with at Least Six Days of Paid Sick Leave Per Year

This week, Colorado Governor Jared Polis signed Senate Bill 20-205, known as the Healthy Families and Workplaces Act (“HFWA”), into law, providing Colorado workers with up to six paid sick days per year. Starting January 1, 2021, employers in Colorado

Johnathan KoonceCampbell Litigation, P.C.July 16, 2020Paid Leave, Paid Sick Leave, Colorado LegislationComment

CDC’s Updated Guidance for Businesses and Employers Seeking to Resume Normal or Phased Business Operations

The U.S. Center for Disease Control (“CDC”) updated its guidance for businesses and employers to plan, prepare and respond to Coronavirus Disease 2019 (“COVID-19”), which supplements its earlier guidance published in March 2020.

Johnathan KoonceCampbell Litigation, P.C.May 14, 2020CDC, COVID-19, Employment Law, CoronavirusComment

Congress Set to Pass CARES Act Amendment Increasing Paycheck Protection Program Funding; Small Business Administration Issues New Guidance Regarding Program

Congress is set to pass the Paycheck Protection Program and Health Care Enhancement Act, amending the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), to make additional funds available for the Paycheck Protection Program (“PPP”).

Johnathan KoonceCampbell Litigation, P.C.April 23, 2020COVID-19, Coronavirus, Payroll Protection Program, PPP, CARES ActComment

The U.S. Department of Labor Issues New Regulations Implementing the Family First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division published its temporary rule issuing regulations to implement and clarify protections provided by the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which are both part of the recently passed Families First Coronavirus Response Act (“FFCRA”) in response to the coronavirus disease 2019 (“COVID-19”).

Johnathan KoonceCampbell Litigation, P.C.April 2, 2020COVID-19, Coronavirus, Paid Leave, Sick Leave, FMLA, FFCRA, DOL, Wage and HourComment

Trump Signs the Families First Coronavirus Response Act Aimed to Relieve COVID-19’s Impact on Employees

On Wednesday, March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (“the Act”), which provides paid sick leave and paid family medical leave expansion to workers in the United States affected by the novel coronavirus.

The CDC Issues Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus (COVID-19)

The U.S. Center for Disease Control (“CDC”) has published an Interim Guidance for Businesses and Employers to plan and respond to the Coronavirus (COVID-19), outlining how employers can best prepare and respond to the outbreak.

Johnathan KoonceCampbell Litigation, P.C.March 5, 2020CDC, Center for Disease Control, Coronavirus, COVID-19, OSHA, ADA, Sick LeaveComment

Colorado Takes One Step Towards Outlawing Discrimination Based on Hairstyle

On February 11, 2020, the Colorado House of Representatives passed a bill extending existing laws prohibiting discrimination based on race and ethnicity to explicitly cover hairstyles. The CROWN Act or “Create a Respectful and Open World for Natural Hair,” is modeled after laws already in effect in California, New York, and New Jersey…

Employers Across the Country May Soon Have to Provide Reasonable Accommodations to Pregnant Employees

Last week the U.S. House of Representatives Education and Labor Committee approved a bill that would require employers to provide accommodations for pregnant workers. The Pregnant Workers Fairness Act (the “Act”), would require employers to. . .

Colorado Wage and Hour Update: Denver Minimum Wage Increased on Very Short Notice, with Major Changes in Colorado Wage and Hour Law Expected in 2020

Johnathan KoonceCampbell Litigation, P.C.December 6, 2019Wage and Hour, Colorado Wage Act, Department of Labor, Labor and EmploymentComment

Employer Lawfully Refused to Hire Applicant for Fear of Future Medical Impairments, Appellate Court Holds

An employer did not violate the Americans With Disabilities Act (“ADA”) by refusing to hire an obese applicant based on the belief his weight created a high risk he would develop medical conditions in the future, the Seventh Circuit Court of Appeals has ruled.

Marijuana Businesses Must Comply With Federal Wage and Hour Laws

The U.S. Court of Appeals for the Tenth Circuit recently held that employers engaged in commercial cannabis activities must comply with wage and hour requirements under the Fair Labor Standards Act (“FLSA”).

U.S. Department of Labor Raises Salary Threshold for Wage and Hour Exemptions

The U.S. Department of Labor (“DOL”) announced its final overtime rule which updates the earnings thresholds necessary to exempt executive, administrative, or professional employees (“white collar exemptions”) from the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements.

Johnathan KoonceCampbell Litigation, P.C.September 26, 2019Wages, DOL, Department of Labor, Overtime, Overtime ExemptionsComment

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