Keeping You Informed.

EEOC's New Harassment Guidance - apparently stuck in Y2K, after 25 years the EEOC finally issued new guidance on workplace harassment. Employers need to implement several key measures to combat harassment in the workplace, including a clear anti-harassment policy, a safe and effective complaint p...

Happy new year to all (even if LD says I'm too late )!I've recently provided much advice and counsel, and engaged in litigation over, whether a worker is an employee or independent contractor. The reason employers are constantly facing IC issues is two-fold: 1. It can be extremely difficult for e...

1. 80 hours of PHE leave (prorated for part-time employees) is provided to employees separate and apart from Colorado's Paid Sick Leave (which is still required). 2. Employees may use the one time grant of PHE leave for Covid symptoms, testing, vaccination effects, quarantine, or taking care of ...

The NLRB recently ruled in McLaren Macomb that Severance Agreements containing confidentiality and non-disclosure provisions force workers to broadly give up their rights under NLRA Section 7 (which violates Section 8a)(1) of the Act), including their right to engage in concerted activity and dis...

1.    UI NOTICE: Upon separation of an employee, Employers are required, as of May 2022, to provide a notice of potentially available unemployment insurance benefits. Fill out this form and give to the employee: https://cdle.colorado.gov/sites/cdle/files/documents/Employer-Separation-Form-22-234-...

Make sure you post the FAMLI notice or email it out: https://famli.colorado.gov/news-article/required-program-notice Ensure FAMLI deductions are properly being taken from employee paychecks, and plan on paying your premiums each quarter – the first payment is due April 30, 2022 for Q1 (...

Colorado Wage Claim Changes – Effective January 1, 2023:1.    Increase of penalties for not paying wages within 14 days of a demand from 1.25 x the wages owed to 2x wages owed (unless it's under $1000, then it's $1000).2.    For willful non-payment wages, employers will owe the wages plus 3x wage...

ELECTION DAY!!!1. Many states mandate employers provide paid time off to vote - especially if an employee's shift doesn't allow for at least 2-3 hours to do so. Check your state's laws on their department of labor website. Colorado, for example provides up to 2 hours of paid time off to vote - as...

1. Employees earn 1 hour of paid leave per 30 hours worked, up to 48 hours per year.2. Sick leave is for all employees - regardless of company size and part or full time.3. Sick leave does NOT: a. ever go above 48 hours, b. ever get paid out upon separation, or c. require documentation unless mis...

Exposed to Covid-19 with no symptoms or positive test No longer required to quarantine for exposure only.  However, recommended to wear a mask for 10 days after exposure. Exposed to Covid-19 and experiencing symptoms. Get tested for Covid-19 five days after exposure.  For a positive ...

Monkeypox Guidance for the Workplace The monkeypox virus is related to the smallpox virus – although it is rarely fatal and the symptoms are milder.  Typically, those with a weak immune system, past skin conditions, and young children are more likely to suffer serious effects from contracting mo...

Colorado Family and Medical Leave Insurance Program (FAMLI) Colorado Paid Family and Medical Leave – What Is It? The Colorado FAMLI Program provides up to 12 weeks of paid time off (and an additional 4 weeks for pregnancy/childbirth complications) for employees with 6+ months' tenure via a stat...

In the late summer of 2020, Deborah Laufer sued Randall and Cynthia Looper, owners of the Elk Run Inn, in the U.S. District Court of Colorado in addition to approximately 50 other motels throughout Colorado, claiming the motel websites lacked accessibility information in violation of the American...

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...