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Employment Law

Colorado vs. federal law on discrimination

08/05/2008
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008
When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

Bryan-Based MIWU sued for mismanagement of health fund

08/04/2008
The U.S. Department of Labor has sued an employer association, a health fund trustee and the fund’s consultant over allegedly imprudent management of the Manufacturing and Industrial Workers Union (MIWU) Benefit Fund of Bryan, Texas …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Is time off for voting required? Paid?

08/04/2008
Q. Must an employer give employees time off to vote? If so, must we pay employees for the time they spend voting? …