Spotlight on Arbitration Agreements in Employment Contracts

Arbitration agreements and clauses in employment contracts have become a hot button issue recently, as evidenced by the Supreme Court ruling on two cases thus far this term. Read in conjunction, New Prime and Schein sets forth a mechanism of review for the courts to use when determining if arbitration should be compelled. The New [...]

Spotlight on Arbitration Agreements in Employment Contracts 2019-02-01T15:14:27+00:00

Injuries in Parking Lots May be Considered Work-Related under the Colorado Workers’ Compensation Act while at Same Time Not OSHA Reportable

The Occupational Safety and Health Administration (OSHA) was created to “assure safe and healthy working conditions” for employees by setting and enforcing standards and by providing training, outreach, education, and assistance.  One of the factors that must be evaluated for purposes of OSHA record keeping is whether the employee’s injury, fatality, or illness is “work-related.” [...]

Injuries in Parking Lots May be Considered Work-Related under the Colorado Workers’ Compensation Act while at Same Time Not OSHA Reportable 2019-01-22T11:05:18+00:00

The Colorado Wage Transparency Act

By Joseph C. Irwin The Colorado Wage Transparency Act, prohibits an employer from taking adverse actions against employees who discuss their wages with others. An employer is also prohibited from requiring that employees not disclose their wages and from requiring an employee to sign a waiver or other document that limits the employee's right to [...]

The Colorado Wage Transparency Act 2019-01-22T11:22:43+00:00

Paid and Unpaid Internships and the Fair Labor Standards Act

On January 5, 2018, the U.S. Department of Labor (“DOL”) clarified its position regarding paid and unpaid internships. They will now use the “primary beneficiary” test for determining whether interns are employees under the Fair Labor Standards Act (“FLSA”). The agency has issued a revised Fact Sheet called “Internship Programs under the Fair Labor Standards [...]

Paid and Unpaid Internships and the Fair Labor Standards Act 2019-01-22T11:27:13+00:00

Notice of Proposed Rulemaking

On December 5, 2017 the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding tip regulations under the Fair Labor Standards Act (FLSA). The proposal would remove rules in effect since 2011 that have frustrated employers that do not take a "tip credit"—counting tips toward the minimum wage—by significantly limiting their ability to [...]

Notice of Proposed Rulemaking 2019-01-22T11:30:05+00:00

OSHA announced its annual top 10 most frequent violations for 2017

Fall Protection Hazard Communication Scaffolding Respiratory Protection Control of Hazardous Energy-Lockout/Tagout Ladders Powered Industrial Trucks Machine Guarding-General Requirements Fall Protection-Training Requirements Electrical, Wiring Methods Of important note is that the top 4 violations have not changed since 2012.  An OSHA representative states, “Year after year, our inspectors see thousands of the same on-the-job hazards, any [...]

OSHA announced its annual top 10 most frequent violations for 2017 2019-01-22T11:32:10+00:00

Two recent lawsuits should serve as a reminder to employers of the very stringent rules employers must follow when making medical inquiries of applicants and/or current employees

In EEOC v. All Star Priority Staffing, LLC (D. Ariz. 2017) and EEOC v. Consolidated Edison Co of New York, Inc. (S.D.N.Y. 2017), the EEOC alleged that the companies asked medical questions during the interview process or subjected applicants to medical examinations before making a job offer and then used the medical information obtained as the [...]

Two recent lawsuits should serve as a reminder to employers of the very stringent rules employers must follow when making medical inquiries of applicants and/or current employees 2019-01-22T11:31:21+00:00

Payment of Workers’ Compensation Benefits

House Bill 17-1119, Payment of Workers’ Compensation Benefits, creates the Colorado Uninsured Employer Act (“the Act”), which provides payment for covered workers’ compensation claims to employees injured on the job when their employers do not have workers’ compensation insurance.  Money to cover the uninsured workers’ compensation claims primarily comes from additional penalties to employers who [...]

Payment of Workers’ Compensation Benefits 2019-01-22T11:33:14+00:00

Expansion of Pre-Apprenticeship and Apprenticeship Programs in Colorado

The Colorado Department of Labor and Employment (CDLE) final report indicates three primary program areas within CDLE will merit continued attention and ongoing policy analysis as apprenticeship programs expand in Colorado: Unemployment Insurance (UI); Workers’ Compensation (WC); and Colorado’s general wage and hour laws as well. Because apprenticeships are designed to train workers to eventually [...]

Expansion of Pre-Apprenticeship and Apprenticeship Programs in Colorado 2019-01-22T11:33:41+00:00