Attorney Harrison Oldham Earlier this year, the Colorado Supreme Court provided an answer to the long-standing question of whether “use-it-or-lose-it” vacation policies are permissible under the Colorado Wage Claim Act (“CWCA”). In the case of Nieto v. Clark’s Market, the Colorado Supreme Court held that an employer may not require an employee to forfeit […]
The 11th Circuit recently affirmed a lower court decision that an employer violated the FLSA with a policy requiring an automatic 1-hour deduction for a meal period. Many employers across the nation have implemented this sort of policy against advice from most employment law attorneys. So, this is a good time to review your […]
Regional Director Called Subordinates “Grumpy Old Men” and Wanted a “Millennial Team”, Agency Alleges Oh, Dollar General. Will you never learn?! Nationwide retailer Dolgencorp, LLC, which does business as Dollar General, violated federal law by allowing a regional director to harass subordinate district managers based on their age and then fire those who […]
Hey HR Pros! We have now entered the 4th Quarter of 2021 and it’s time to talk about the employment laws we will be dealing with as we wind up this year and enter 2022. Join me, Lisa Smith, SPHR, SPC, as my team and I spend 60-minutes discussing the top HR issues we will be dealing with as […]
Lachelle Watson was terminated from her position with Drexel University due to what Drexel considered to be unapproved absences. Those absences were related to a chronic medical condition of Watson’s. She sued Drexel for interference with her rights under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., for failure […]
Hey Compliance Warriors! On October 4th, the DOL and 2 other federal agencies issued an FAQ addressing the legality of reducing premiums for vaccinated individuals. The guidance says a group health plan may offer COVID-19 vaccinated participants a premium discount if the discount complies with federal wellness program regulations. Among other requirements, the reward […]
Fred Loya Insurance Agency Inc. failed to implement COVID-19 protections A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19. In response to a complaint of unsafe working conditions and […]
Hey Compliance Warriors! The guidance for mandatory vaccination of federal employees (not contractors) was issued on Monday, October 4th, 2021. We are still awaiting the OSHA guidance for private sector employers with 100+ employees. https://chcoc.gov/sites/default/files/Enforcement-Guidance-FAQs.pdf CNN reports say: An OPM memo issued Friday sets November 9 as the first day that agencies can start taking disciplinary […]
Great question! On September 30th, 2021 the tax credits expired for employers who have been voluntarily providing paid leave to employees who have required time off due to one of the many COVID-19 related reasons under ARPA. To date, there has been no extension and no conversation about an extension. If we do get an […]
Attorney Harrison Oldham As we all know, the COVID-19 changed many parts of our lives, which obviously includes our work lives. One of the most significant changes was the explosion of remote work in many segments of the economy. Now, as employers are returning employees to office work, some employees who historically worked on-site have […]