The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Constitutional Challenge to Colorado’s Paid Family and Medical Leave

A Grand Junction-based custom home builder, Chronos Builders, LLC (“Chronos”) has filed a lawsuit challenging the constitutionality of Colorado’s Paid Family and Medical Leave (“PFML”) law.

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The Challenging Landscape of the Employment Relationship – Is your Company Ready for the Adjustments?

Keeping abreast of ever-changing employment laws, both on the federal and state level, can be difficult for companies, especially those with employees in multiple states.

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COVID-19 Vaccination Now Mandatory for Many Colorado Health Care Workers

The Colorado State Board of Health (CSBH) adopted an emergency rule mandating that all licensed healthcare facilities ensure their eligible employees, direct contractors, and support staff are fully vaccinated against COVID-19.

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The Push to Increase Minimum Wage for Federal Contractors Could Be Confusing

A proposed rule of the U.S. Department of Labor’s Wage and Hour Division to raise the minimum wage for workers of federal contractors to $15.00 per hour from the current $10.95 could cause confusion for federal contractors already paying more than that.

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COVID-19 IMPACT – Working Two Remote Jobs From Home

When most companies sent office-based employees home to work remotely during the COVID pandemic, some enterprising employees got a second remote job without the knowledge of either employer.

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New OSHA Guidance – All Indoor Workers Wear Masks in “High” or “Substantial” Transmission Areas

As of August 13, 2021, OSHA recommends all workers--even those fully vaccinated--should wear masks indoors in areas of "high" or "substantial" community transmission rates.

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Long-Haul COVID-19 Can Be An ADA-Covered Disability

The U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that long-haul COVID-19 can be considered a disability and qualify for protections from discrimination under the Americans with Disability Act (ADA).

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Colorado Agricultural Employers Now Must Pay Minimum Wages & Comply with the Colorado Labor Peace Act Starting January 22, 2022

Starting January 1, 2022, Colorado agricultural employers must pay their workers minimum and overtime wages under the Colorado Wage Act, and comply with the Colorado Labor Peace Act (“LPA”).

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CDC Recommends Wearing Masks Indoors in Certain Areas, Even if Fully Vaccinated

The Centers for Disease Control (CDC) released new guidance on July 27, 2021 recommending that in certain geographical areas all individuals—even those who have been vaccinated against COVID-19—should resume wearing masks indoors.

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The Computer Fraud and Abuse Act ("CFAA") may limit protection of company Trade Secrets

The U. S. Supreme Court recently determined that the CFAA only protects employers or businesses from internal and external hacking, but it does not apply to employees who are provided access to a computer and who view or use confidential information prohibited by company policy.

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ERISA and Pitfalls of Misclassifying Employees as Independent Contractors

A former longtime Taco Bell recruiter sued the company under the Employee Retirement Income Security Act claiming he was misclassified as an independent contractor and should have been a full-time employee eligible for employee benefits such as health insurance, pension, paid time off, and bonuses.

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Colorado Supreme Court: Requires Payment of Earned Vacation Pay

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision requiring employers to pay an employee for earned vacation pay and voiding all agreements or company policies, including “use it or lose it,” that forfeits vacation pay.

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Biden Signs Bill Establishing Juneteenth as a Legal Public Holiday  

Today, President Biden signed a bill approving the Juneteenth National Independence Day Act, which establishes June 19 as a legal public holiday.

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Survey Finds That The COVID-19 Pandemic Led to a Rise in Employment Class Action Lawsuits in 2020

A recent class action survey by Carlton Field determined that the COVID-19 pandemic served as a major driving force behind class action lawsuits in the year 2020.

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EEOC Releases Guidance to Employers Regarding the COVID-19 Vaccine

On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.

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Eleventh Circuit Upholds Summary Judgment for Employer on Sex Discrimination Claims Regarding Severance Payments Print Friendly and PDF
First Mandatory Vaccination Lawsuits Filed Against Employers

Employees in New Mexico and California have sued their employers seeking injunctive relief and potential damages due to vaccine mandates instituted in the workplaces.

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California Federal Court: Wife Cannot Hold Husband’s Employer Responsible for Her COVID-19 Infection

A judge in the Northern District of California dismissed a lawsuit brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her.

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Trump-Era Independent Contractor Rule Withdrawn

On May 5, 2021, the U.S. Department of Labor issued a Final Rule withdrawing the DOL’s January 7, 2021 Final Rule regarding the classification of independent contractors under the Fair Labor Standards Act.

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New Illinois Legislation Addresses Equal Pay, Requires Certification by Employers

On March 23, 2021, Governor J.B. Pritzker signed an amendment to the Illinois Equal Pay Act of 2003, requiring that by March 23, 2024, employers with more than 100 employees in Illinois certify compliance with the EPA by obtaining an Equal Pay registration certificate from Illinois’s Department of Labor.

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