Colorado’s Newly Amended Employment Security Act Expands Benefits for Individuals Affected by Domestic Violence

Effective January 1, 2021, Senate Bill 20-170, FN1 amended two key provisions to Colorado’s Employment Security Act (“ESA”): (1) expanding unemployment benefits for individuals who experience joblessness as a result of domestic violence;FN2 and (2) providing that severance may be deducted from an individual’s overall entitlement to unemployment compensation.

Campbell Litigation, P.C.January 14, 2021ESA, Colorado Employment Securities Act, legislation, UnemploymentComment

NLRB Upholds Employer’s Restrictive Social Media Policy

On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).

Aaron ChaetCampbell Litigation, P.C.January 7, 2021NLRB, NLRA, Social Media, Employment LawComment

Happy New Year from Campbell Litigation!

Campbell Litigation, P.C.December 31, 2020Comment

Happy Holidays

Campbell Litigation, P.C.December 24, 2020Comment

The EEOC Provides Guidance on the Administration of COVID-19 Vaccines

This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.

A Supervisor’s “Reprehensible and Improper” Behavior Not Enough to Prove Hostile Work Environment Claim in Eighth Circuit

The Eight Circuit Court of Appeals’ high bar for Title VII hostile work environment claims remains after the United States Supreme Court declined to hear the case on December 7, 2020. The Eighth Circuit previously held in Paskert v. Kemna-ASA Auto Plaza, Inc, that a supervisor’s boorish behavior, “while certainly reprehensible and improper,” was not so severe or pervasive to alter the terms and conditions of employment necessary to sustain a Title VII hostile work environment claim.

Aaron ChaetCampbell Litigation, P.C.December 10, 2020Hostile Work Environment, Title VII, Eighth Circuit, Supreme CourtComment

Colorado Department of Labor and Employment Adopts Rules on the Notice Requirements in the HFWA and PHEW

The Colorado Department of Labor and Employment (the “Department”) recently adopted rules governing the notice requirements for two recently enacted public health laws.

Campbell Litigation, P.C.December 3, 2020Comment

Colorado Department of Labor and Employment Adopts Final Rules Regarding Equal Pay Transparency Under the EPEWA

Last Tuesday, the Colorado Department of Labor and Employment (the “Department”) adopted final Rules regarding equal pay transparency under Colorado’s new Equal Pay for Equal Work Act (the “EPEWA” or the “Act,” SB 19-085), which will take effect on January 1, 2021.

EEOC to Publish Update to Religious Discrimination Compliance Manual

The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.

Alison Lungstrum MacneillCampbell Litigation, P.C.November 12, 2020EEOC, Religious Exemption, Title VIIComment

Colorado Passes the Paid Family and Medical Leave Insurance Program

On November 3, 2020, Colorado voters passed Proposition 118, which creates Paid Family and Medical Leave (“Paid FMLA”) obligations for all employers in the state. Employers must now provide 12 weeks paid leave for Colorado employees, plus an additional four weeks in case of medical complications.

Employers May Be Liable for Disability Discrimination Claims Even If the Employee Suffers No Adverse Action Such as Firing or Demotion

This week, the United States Court of Appeals for the Tenth Circuit clarified that employees may sue their employer under the Americans with Disabilities Act (“ADA”) for failing to accommodate their disability, even if the employee was not subject to an adverse action such as firing or demotion.

New Equal Pay for Equal Work Act Takes Effect in Colorado on January 1, 2021

On January 1, 2021, Colorado’s new Equal Pay for Equal Work Act (the “EPEWA” or the “Act,” SB 19-085), will prohibit employers from discriminating based on sex, including gender status, by paying less for “substantially similar work.”

EEOC Modifies Conciliation Process to Encourage Pre-Lawsuit Resolutions

The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.

Alison Lungstrum MacneillCampbell Litigation, P.C.October 9, 2020EEOC, Discrimination, Title VIIComment

EEOC’s Updated COVID-19 Guidance on Testing and Privacy Issues

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:

The U.S. Department of Labor Proposes a New Economic Reality Test to Determine When Workers Classify As Independent Contractors or Employees

The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.

Can an employer require employees to take a COVID-19 vaccine, if and when the vaccine becomes available in the United States?

According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.

Kyriaki Kiki CouncilCampbell Litigation, P.C.September 17, 2020Title VII, COVID-19, Coronavirus, COVID-19 Vaccine Series, OSHA, EEOC, VaccineComment

DOL’s Narrowed Joint Employer Rule Struck Down by Federal Court

A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).

Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.

U.S. Labor Department Issues Guidance to Remind Employers of Obligation to Track Hours Worked Remotely

This week, the U.S. Department of Labor issued guidance regarding employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the number of hours of compensable work performed by employees, including work performed remotely or away from their employers’ worksite.

Johnathan KoonceCampbell Litigation, P.C.August 27, 2020FLSA, Overtime, COVID-19, Telework, Remote Work, Wage and HourComment

Ninth Circuit Finds Amazon Delivery Drivers Exempt from Arbitration

On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.

The Rocky Mountain Employer