“Reasonable Accommodation” under the ADA does not require employer accommodation for problems unrelated to the job and does not excuse employee from essential job functions.

Employers have no obligation under the Americans with Disabilities Act (ADA) to accommodate a disabled employee’s problems outside the workplace and unrelated to her essential job functions

Campbell Litigation, P.C.November 11, 2021Comment

Emergency OSHA Standard Requires Employers of 100 or More to Implement a COVID Vaccination Policy

OSHA has issued an Emergency Temporary Standard requiring employers with 100 or more employees to develop, implement, and enforce a COVID vaccination policy.

Campbell Litigation, P.C.November 4, 2021Comment

Four-Years-Younger Replacement Not Sufficient to Support ADEA Claim

The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.

Waiting to Log onto Computer before Clocking in May be Compensable Time

The Tenth Circuit Court of Appeals found that call center employees must be paid for the time (approximately two (2) minutes) they wait for their computers to boot up before they can clock in for work.

Erik CanslerCampbell Litigation, P.C.October 21, 2021FLSA, Preshift activities, Call center agents, employeesComment

Mandatory Vaccinations – A Management Right or a Union Negotiation

Given President Biden’s executive order requiring companies with 100 or more employees to mandate the COVID-19 vaccination, unionized companies must consider whether the vaccine mandate is a mandatory subject of bargaining with its labor union or a management right to implement the rule.

Proposed New Colorado Wage-and-Hour Rules for 2022

The Colorado Dept. of Labor and Employment (CDLE) has proposed three new sets of wage-and-hour rules to go into effect January 1, 2022.

Erik CanlserCampbell Litigation, P.C.October 7, 2021CDLE, HFWA, COMPS, Fair Labor Standards Act, employeesComment

Ninth Circuit: Ex-Employee Must Arbitrate Claims that Occurred Prior to Entering into Arbitration Agreement

The Ninth Circuit Court of Appeals recently ruled that an employee’s arbitration agreement was enforceable as to complaints of sexual harassment and retaliation against her supervisors that occurred before she entered into the arbitration agreement.

Alison Lungstrum MacneillCampbell Litigation, P.C.September 30, 2021Arbitration, Ninth Circuit, employeeComment

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.

Erik CanlserCampbell Litigation, P.C.September 23, 2021PFML, employers, employees, Colorado's paid family, Medical LeaveComment

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.

Stacey CampbellCampbell Litigation, P.C.September 16, 2021COVID-19, Workplace, Remote Work, SEC, Whistleblower, Union EmployeesComment

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.

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.

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.

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.

Erik CanlserCampbell Litigation, P.C.August 19, 2021OSHA, Vaccine, masks, employees, COVID-19, employers, policies, COVID testing, WorkplaceComment

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).

Campbell Litigation, P.C.August 12, 2021COVID-19, CDC, ADA, guidance, Long-haulComment

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”).

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.

Erik CanlserCampbell Litigation, P.C.July 29, 2021CDC, COVID-19, Transmission rates, Safety, Protocols, Vaccine, Delta variantComment

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.

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.

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.

Campbell Litigation, P.C.June 23, 2021CWCA, Colorado Wage Claim Act, Vacation Pay, Paid Time Off, PTO, Colorado Supreme CourtComment

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.

Alison Lungstrum MacneillCampbell Litigation, P.C.June 17, 2021Juneteenth, Federal Holiday, June 19thComment

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