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 […]
The Equal Employment Opportunity Commission (EEOC) recently issued its first workplace harassment guidance since 1999. Enforcement Guidance on Harassment in the Workplace supersedes several dated guidance documents that were adopted as early as 1987 and reflects changes in the modern workplace. Guidance documents aren’t law, but constitute significant resources the EEOC uses in making enforcement […]
I met with my financial advisor, and he pointed out some interesting facts. Since 1925, the stock market has shown positive gains in every presidential election year except for four years. And of those four years, two years were 1932 in the midst of the Great Depression and 1940 during World War II. There are […]
As sure as the transition from winter to spring brings tulips and daffodils, the realm of employment law also heats up. I usually focus on one topic each month. But I’ve seen several new items that could affect some employers and portend change for all employers. First, a United States District Court of Texas judge delayed the […]
The U.S. Department of Labor issued a final rule on determining independent contractor status under the Fair Labor Standards Act. Under the new rule, which takes affect March 11, the DOL will consider the totality of circumstances in each case to determine whether a worker is an employee or independent contractor. These factors include, but […]
Numerous changes to Colorado law will affect employers in 2024. Has your employee handbook kept up with those changes? An accurate, up-to-date handbook promotes productive relationships between employers and employees by clearly explaining the expectations of both parties. An inaccurate or out-of-date handbook results in misunderstandings and distrust. As a threshold matter, should employers have […]
One of my favorite holiday songs is “Winter Wonderland” — although I like the concept a lot better than the reality of walking in a winter wonderland. With apologies to Felix Bernard and lyricist Richard Bernhard Smith, who wrote this classic song in 1934, for my paraphrase, employees often work in a winter wonderland. That […]