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The Colorado Division of Labor and Employment (CDLE) had a busy last few weeks of December in 2022, revising a number of its Interpretive Notice and Formal Opinions (INFOs). On…

Continue Reading New Clarity: Colorado Employer Rights When Employee Fails to Return Money or Property at Separation

With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays.

Continue Reading Happy Holidays! For some, or for all? Revamping Your Employee Handbook Holiday Provisions to Ensure Inclusivity.

While diversity, equity, inclusion, and accessibility have slowly made their way to the forefront of many employers’ minds, two dimensions of diversity are often overlooked in these discussions—neurodiversity and ability diversity. More than 1 billion people, 15% of the global population, live with a disability. Thus, employers must ensure that neurodiversity and employees and applicants with disabilities are properly represented in DEIA initiatives.…

Continue Reading Best Practices for Hiring and Retaining Individuals with Disabilities

General Counsel Abruzzo continues in her efforts to micromanage your workplace by any means possible. She has issued one General Counsel Guidance Memo after another in her attempts to over-regulate your workplace. The basic premise with respect to her most recent GC memo, 23-02, is her alleged concern that electronic surveillance by employers is impairing employees’ ability to engage in protected concerted activity and keeping that activity confidential from their employer. In doing so, the General Counsel refers to case law that is, for the most part, dated and well-known in terms of the “do’s and don’ts” of improper employer surveillance in the workplace.

Continue Reading The NLRB and Electronic Monitoring in the Workplace

Key Point

  • Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1 Reports unless they file written objections asserting Freedom of Information Act (FOIA) objections by no later than September 19, 2022

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Continue Reading OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential Information

In a recent decision, the United States Court of Appeals for the Seventh Circuit clarified that an employer can violate the Family and Medical Leave Act (“FMLA”) by discouraging an employee from taking FMLA leave, even without actually denying an FMLA leave request.…

Continue Reading Seventh Circuit Issues Decision Addressing Employer Interference With FMLA Leave

In light of the wave of substantial changes to Colorado’s employment laws, a recent less significant change may have escaped the attention of your human resources team. Recently passed Senate Bill 22-234 reshapes how unemployment benefits are administered and funded in Colorado. One of the new law’s provisions requires employers to provide employees with additional information for unemployment benefits upon separation, including identifying the reason for separation.
Continue Reading Colorado Expands Employer’s Separation Notice Obligations

In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to human functioning, including within the context of organizations and business entities. But the common workplace communication method changed swiftly when communication technologies replaced in-person communication that once typified office settings. While the integration of online communication platforms was a major contributor to the survival of many businesses, is it possible that these same communication platforms have the potential to exacerbate underlying differences among a diverse and remote workforce leading to increased employment litigation?
Continue Reading Can Differences in Communication Styles Among a Diverse Workforce Contribute to Discrimination Claims?

On June 10, 2022, Illinois amended its Child Bereavement Leave Act (“CBLA”) to include unpaid leave for employees following an “unexpected lack of parenthood,” and deaths of other family members, including stepchildren, spouses, domestic partners, siblings, parents or stepparents, parents-in-law, grandchildren, or grandparents. The new legislation is known as the Family Bereavement Leave Act (“FBLA”).
Continue Reading Illinois’ Family Bereavement Leave Act: What Employers Can Learn from the Prairie State.