Keeping You Informed.

The Workplace Counsel - LinkedIn Post     OSHA's Emergency Temporary Standard (the "ETS")  came out today, November 4, 2021, and here is a quick summary:   1. Covered employers (100+ employees) need to ensure employees are fully vaccinated by January 4, 2022.  Those not fully vaccinated need...

https://www.westword.com/news/serial-ada-plaintiff-targets-colorado-motel-over-online-booking-11900048

A few of these went into effect this past July, but employers doing their new year review should ensure they've been implemented in the workplace: 1. Minimum Wage is $11 (increasing by a buck a year until 2025). 2. All employees are covered by the Illinois Human Rights Act, making it illegal to...

1. Nothing prevents employers from mandating the Covid-19 vaccine as a condition of employment, like flu shots-especially if Covid-19 is a “direct threat” to the workplace.2. However, there is little court or legislative guidance on this issue, so there could be exposure for employers requiring C...

1. The Act prohibits employers from engaging in gender discrimination by paying one gender more than the other for “substantially similar work.”2. "Substantially similar work" means the skill, effort, and responsibility are pretty much the same for the positions at issue (regardless of title).3. ...

On November 3, 2020, Colorado voters passed Prop 118, thereby enacting a statewide paid leave law: What: Colorado Family and Medical Leave Insurance Act (“FAMLI Act”) to provide up to 12 weeks of paid leave via payroll tax on both employers and employees, plus 4 weeks for pregnancy or childbi...

1. Most states do require employers to provide leave for voting on election day, if needed. 2. Employers are allowed to have policies banning purely political discussions and activity at the workplace, but should balance its enforcement with employee's rights to discuss terms and conditions of e...

LET'S GET POLITICAL. OR NOT. 1. Generally, the First Amendment does NOT guarantee “freedom of speech” rights at work. Thus, employers may have policies banning purely political discussions and activity, and may want to do so to avoid potential discrimination, harassment or retaliation claims. 2....

1. Help your workforce feel comfortable and confident about returning to work by informing and training them on C19 safety measures implemented in the workplace such as hygiene, social distancing, and sanitizing. 2. Allow your workforce to continue a modified telecommuting program, such as altern...

What is the CARES Act? The Coronavirus Aid, Relief, and Economic Security Act is a two trillion dollar relief package intended to aid Americans and businesses impacted by C19. The CARES Act provides $377 billion to small businesses affected by the current economic crisis through several different...

1. What is the Families First Coronavirus Response Act (FFCRA)? The FFCRA is 112-pages in total. Among other things, it obligates certain employers to provide leave under its paid sick leave provisions (Emergency Sick Leave) and its Family Medical Leave Act amendments (Emergency Family Leave). 2....

1. Can employers send or keep a sick employee home? Yes, employers can send or keep a sick employee at home. Employers should be cautious as to not discriminate against any specific group, but base decisions on a good faith belief and probable cause to determine if an individual is sick, includin...

Thank you to our panel for an excellent, informative event: Jennifer Gokenbach, Karen Steinhauser, Joan Cooke, Maggie Tassi, Angie Wideman- Powell SHRM-SCP, PHR, Tiffany Todd, Rachel Lucas, PHR, and Stephen Rotter! Thanks also to our sponsors and partners: Obsidian HR, ClearCompany Talent Managem...

Top five reasons to attend this seminar: www.obsidianhr.com/seminar-november21 1. Legal and Human Resource perspective on pay equity, gender bias, glass ceiling, and #metoo movement. 2. Practical advice for change-makers. 3. Outstanding panelists. 4. Pragmatic dialogue. 5. SHRM/...

Top five reasons to attend this seminar: https://www.obsidianhr.com/violenceseminar-sept25/ 1. Moral and Ethical Obligations. 2. Legal Duties. 3. Tools to Protect. 4. Dialogue to Learn and Share. 5. Current Climate.

1. Be an active listener no matter the situation. Whether the purpose of your communication is to provide guidance, set goals, or issue discipline, it cannot be a one-way conversation. Great leaders are great listeners. 2. Tailor your communication. This goes beyond just knowing your audience. To...

1. “Culture” is a vague, undefined buzzword for the modern workplace and may create a potentially discriminatory basis for employment actions. It can also become an excuse for not becoming, or trying to become, diverse and inclusive. 2. The modern workplace may include creating a company Diversit...

THE WORKPLACE COUNSEL LLC AND GOKENBACH LAW LLC MERGE TO EXPAND EMPLOYMENT LAW DEFENSE PRACTICE     PRESS RELEASE!!! DENVER, Colorado, May 2019 — Furthering their dedication to providing results-oriented and cost-effective legal counsel in employment law matter...

1. Sexual Harassment. Companies have focused their polices, but it's just as important to implement annual training. While it helps with potential liability, more importantly are companies' willingness to foster safe, positive work environments. 2. Implicit Bias. We are wired to judge quickly and...

1. The First Amendment does not provide the same protections at the workplace as it does elsewhere. Employers may (and should) implement policies related to reasonable restrictions for political discussion and conduct, including limiting or banning company resources for such activity. 2. Politica...

What Can Employers Do? 1. Sexual Harassment. It is one thing to have policies in place, another to put them into practice. Employers should remind their employees of sexual harassment policies and provide annual training. 2. Investigations. Complaints of sexual harassment, gender ...

from John Brandon at Inc. and Bamboo HR: Go to full article   1. Your boss takes credit for your work (63 percent) One of the big findings is that employees really hate it when the boss takes credit for their work. And, older employees (those over 45) get...

(in no particular order) 1. Approachability. If you can't approach your mentor or boss without feeling anxious, hesitant, or like you're going to feel dumb afterward, this is not someone who should be in a leadership position. 2. Empathy. Leaders have to be able to step into someone else's shoes,...

1. Ensure your policies comply with employment law changes. For example, in Colorado for 2019, benefit plans must reimburse employees for prescription contraception. In Illinois, employers must reimburse employees for necessary expenditures related to services performed. Check with your employmen...

We recently honored Martin Luther King, Jr., for his vision and commitment to diversity. It therefore seems fitting to re-share McKinsey's Women in the Workplace 2018 study. Notably, "[C]orporate America has made almost no progress improving women's representation. Women are underrepresented at e...