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 [...]
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.” [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
