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 […]
A federal court has struck down a proposed rule that would have banned noncompete agreements that bar employees from taking jobs with competitors. In Ryan LLC v. Federal Trade Commission, the federal court for the Northern District of Texas struck down the Federal Trade Commission’s proposed rule that would have banned noncompete agreements. Published April […]
The 2024 Colorado legislative session ended on May 8. Bills that didn’t include a safety clause went into effect Aug. 7. Some of the new laws apply only to specific industries, but others affect every employer. Here’s a look at some of the most significant new laws affecting Colorado employers. State discrimination laws now include […]
A recent National Labor Relations Board ruling struck down policies requiring respectful communication in the workplace because enforcement of the policies chills employee rights to discuss the terms and conditions of employment. Consequently, employers should review their handbooks, workplace rules and other policies on workplace conduct and speech, social media, and use of employee communication […]
Comedian Rodney Dangerfield famously complained: “I don’t get no respect.” According to a recent ruling by the National Labor Relations Board, Dangerfield shouldn’t expect respect in the workplace, either. In May, an NLRB administrative law judge rejected a Starbucks policy requiring respectful communication in the workplace because enforcement of the policy chilled employees’ rights to […]