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.
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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”).
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On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).
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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).
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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.
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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.
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As states around the country, including Colorado, relax their sheltering in place orders, non-critical businesses are beginning to reopen. To ensure that COVID-19 does not further spread, the Equal Employment Opportunity Commission (“EEOC”) and the Colorado Department of Health & Environment have issued new guidance and regulations so that they can safely operate
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On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) issued a new version of Form I-9, Employment Eligibility Verification (Form I-9), used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly…
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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. . .
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Next week, the Family and Medical Leave Implementation (“FAMLI”) Task Force will issue its final report, consistent with the May 30, 2019 Senate Bill 19-188, which required the implementation of a paid family and medical leave program in Colorado based upon the bill’s 16 factors (the Task Force actually considered and voted on 26 factors).
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In two major decisions issued this week, the National Labor Relations Board (“NLRB”) approved (1) broad restrictions on non-business use of work email systems and (2) company rules prohibiting discussions about ongoing workplace investigations.
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Colorado employers should prepare for an increase in the state minimum wage from $11.10 to $12.00 per hour, and from $8.08 to $8.98 per hour for tipped employees, effective January 1, 2020. The 2020 increase is the final currently-planned wage increase under Amendment 70 of the Colorado Constitution. After 2020, the state minimum wage will be adjusted annually for cost of living increases.
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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.
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California has banned employers from including “no-rehire” provisions in employment dispute-related settlement agreements with its employees. No-rehire provisions prohibit the employee from applying for a job with that company in the future as a condition of the settlement.
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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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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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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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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 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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