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Posts tagged Employment Law
California and New York Ban Employment Discrimination Based on Natural Hairstyles

This summer, California and New York became the first states to ban discrimination in employment based on natural hairstyles. The California and New York legislation, both titled the CROWN Act (“Create a Respectful and Open Workplace for Natural Hair”), amend California’s Fair Employment and Housing Act (FEHA) and the New York Human Rights Law (NYHRL) by…

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Misclassifying Employees as Independent Contractors Does Not by Itself Violate Federal Labor Law

Although misclassifying employees as independent contractors exposes companies to damages, steep penalties, and other liability, misclassification alone is not an Unfair Labor Practice under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) has held.

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Unpleasant, Off-Hand Comments Did Not Force African-American Employee to Quit, Court Holds

An African-American woman who described her employment as “satisfying” and a “great experience” in her resignation letter could not prove a hostile work environment/constructive charge claim (that is, that workplace harassment was so severe, based on her race, that she was forced to quit), the Fourth Circuit Court of Appeals has ruled.

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New Marijuana Legislation Impacts Employer’s Rights

Starting January 1, 2020, employers in Nevada may not reject a job applicant who tests positive for cannabis on a pre-employment drug screening. Under the recently passed Nevada law, if an employer requires an employee to submit to a drug screening within the first thirty (30) days of employment, the employee has the right to take a second test, at his or her own expense, to contest the results of the initial screening.

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Extreme Obesity Not Caused by an Underlying Medical Condition Is Not a Disability Under Federal Anti-Discrimination Law

Extreme obesity cannot support a disability discrimination claim under the Americans With Disabilities Act (ADA) without evidence that the condition was caused by a physiological disorder or condition, the Seventh Circuit Court of Appeals has ruled.

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Supreme Court Holds Employers May be Required to Litigate Non-Exhausted Discrimination Claims

The U.S. Supreme Court ruled unanimously that federal courts have the power to review discrimination and retaliation claims brought under Title VII of the 1964 Civil Rights Act (“Title VII”) even if the plaintiff did not first file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") or an equivalent state agency.

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Failure to Pay Wages is Now Criminal Theft in Colorado

Colorado Governor Jared Polis signed a law that classifies an employer’s failure to pay wages as “theft,” making it a criminal offense. Under the new law, which takes effect on January 1, 2020, any employer who willfully refuses to pay wages, or intentionally and falsely denies the amount or validity of a wage claim, commits criminal theft….

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“Ban the Box” Will Be Signed Into Law in Colorado

The Colorado legislature has passed “Ban the Box” legislation, which prohibits Colorado employers from (1) inquiring into a job applicant’s criminal history on an initial employment application, and (2) advertising or stating that individuals with criminal histories cannot apply for certain positions.

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US Department of Labor Announces Proposed Rule Limiting Joint-Employer Liability

This week, the Department of Labor (“DOL”) issued a proposed rule to alter the standard for determining joint-employer status under the Fair Labor Standards Act (“FLSA”). The DOL proposes a straightforward, four-factor test that would consider whether the potential joint employer actually exercises the power to:

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2017 Colorado Employment Law Update

This week we focus on the employment-related bills that passed, and will become law, as a result of the 2017 Colorado Legislative Session. Colorado employers should ensure compliance with these new laws as they take effect.

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