With apologies to Glenn Frey, the “Heat Is On” as summer is in full blast in western Colorado. On May 31, Grand Junction recorded a record high of 95 degrees. And Grand Junction hit 100 degrees twice before summer officially started this year. How does our hot weather affect employers? In July 2024, the Occupational […]
Over my 22 years of both employer and employee-side employment practice, I have counseled on or evaluated on hundreds of employee terminations. When I ask, “Why do you want to terminate this employee?” more times than I can remember, the employer responds, “Because they are at-will.” Is this a correct understanding of the “at-will” doctrine? […]
President Donald Trump signed two recent executive orders that will affect employers. The first order narrows the scope of discrimination claims, while the second order broadens enforcement activities aimed at promoting highway safety. On April 23, Trump signed the Order to Restore Equality of Opportunity and Meritocracy. This executive order eliminates or diminishes the use […]
As expected, the new administration is making big changes at the National Labor Relations Board. These changes will affect most private-sector employers. The NLRB enforces the National Labor Relations Act. The NLRA gives employees the right to organize, form or join labor unions, and collectively bargain with their employers. The NLRA also prohibits unfair labor […]
The new presidential administration, perhaps more so than in the recent past, presents an embarrassment of riches for constitutional lawyers, including employment practitioners. A bewildering eruption of executive orders, personnel actions, lawsuits and countersuits is already underway. As a constitutional and employment attorney, I would love to jump in. But I don’t need to jump […]
I am certain most people reading this column do not employ college athletes, but bear with me. The college football season recently ended, but the business of college sports grinds on. During the previous presidential administration, efforts to have student athletes classified as employees both for the payment of wages under the Fair Labor Standards […]
Last month we discussed pending U.S. Supreme Court cases that may affect employers. This month I address one specific nomination President-Elect Trump made for his incoming cabinet that should interest employers. Perhaps the most interesting move Trump made was to nominate Oregon Rep. Lori Chavez-DeRemer as the new Secretary of Labor. The Department of Labor […]
In my previous two columns I discussed seasonal and holiday issues that employers may face. Here it is early December, and I am already looking forward to the new year. In this article, I will briefly recap cases from the United States Supreme Court’s last term that may affect employers, and I will look forward […]
Last month, we discussed how to properly pay employees during the holidays. This month, we’ll look at practical issues that arise around holiday parties and snow days. Are we exposing our organization to legal liability by serving alcohol at holiday parties? Generally, if the party is organized properly, the answer is no. Colorado’s “dram shop” […]
It seems early to discuss holiday issues in October, but the holiday displays are already up at the big box stores, and smart employers are already planning for the holiday season and the winter months. This month and next I will discuss some of the questions and issues that arise during the holiday season. What […]