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12/17/2013
Holland & Hart News Update
A new year is just around the corner. Along with champagne toasts and resolutions to lose weight, January 1 typically brings new laws and regulations in Colorado. 2014 is no different. Colorado employers should plan now for the changes going into effect in 2014. It is also a good time to make sure you are in compliance with the new laws that took effect in 2013. Here is a checklist to help you stay on the right side of the law.
8/30/2013
Author(s) - Emily Hobbs-Wright
Holland & Hart News Update
On August 29, 2013, the U.S. Department of Justice (DOJ) announced that it will not challenge the state ballot initiatives in Colorado and Washington that legalize the possession and use of small amounts of marijuana under state law. The DOJ makes clear, however, that marijuana remains an illegal drug under the federal Controlled Substances Act. This clarification means Colorado employers may still enforce their drug-free workplace policies and take appropriate action when an employee or applicant tests positive for marijuana.
7/31/2013
7/2/2013
Author(s) - Dora Lane
Holland & Hart News Update
Employers who like to research an applicant's social media sites will be limited to reviewing only publically available information under a new law passed in Nevada. Effective October 1, 2013, Nevada employers may not require or request access to an employee's or applicant's personal social media account. Assembly Bill 181, recently signed into law by Governor Brian Sandoval, prohibits employers from conditioning employment on the disclosure of an individual's user name, password or other information needed to access the individual's personal electronic services and accounts. It also prohibits employers from taking, or threatening to take, any adverse action against an employee or applicant who refuses, declines or fails to disclose their social media access information.
6/10/2013
Holland & Hart News Update
Nevada recently joined the ever-growing list of states that restrict the use of credit reports by employers. Effective October 1, 2013, Senate Bill 127 will, with limited exceptions, prohibit Nevada employers from making an adverse employment decision based on credit information and from requesting or requiring any prospective or current employee to submit a consumer credit report as a condition of employment.
5/14/2013
Holland & Hart News Update
Colorado employers take note -- Governor John Hickenlooper recently signed into law two bills that create additional rights for employees in the state. Employers now are prohibited from requiring access to an applicant's or employee's personal social media account. Violations may result in penalties and fines. Employers also must extend leave under the federal Family and Medical Leave Act (FMLA) to permit eligible employees to care for their civil union partner or domestic partner who has a serious health condition. Here are the details of both new laws and how they may affect your operation.
5/7/2013
Holland & Hart News Update
Small businesses beware: your employees now have more incentive to sue you. As of January 1, 2015, employees can recover compensatory and punitive damages for employment discrimination claims against businesses that employ between one to fourteen people under Colorado's Job Protection and Civil Rights Enforcement Act of 2013, signed into law by Governor John Hickenlooper on Monday, May 6, 2013. But don't despair. By taking some proactive steps now, businesses can minimize their exposure to potential claims.
4/25/2013
Holland & Hart News Update
The Colorado Court of Appeals issued a precedent-setting decision today upholding an employee's firing for off-duty marijuana use. Citing federal law, the court held that using pot during non-working hours is not "lawful activity" under the state's lawful off-duty activity statute. The decision provides the first direct guidance on terminating workers for off-duty marijuana use since Amendment 64 legalized the drug's use and possession last November.
4/25/2013
Author(s) - Mark Wiletsky
Holland & Hart News Update
Employers using credit reports to evaluate applicants and employees take note: Colorado recently enacted the "Employment Opportunity Act" limiting the use of credit reports in employment decisions. In passing this law, Colorado joins eight other states--California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington--in restricting employers from obtaining and/or using credit history information when evaluating applicants and employees. The new Colorado law exempts certain job positions from the prohibition on the use of credit reports, but the exceptions are very fact specific. Employers need to analyze the job responsibilities of the position at issue in order to determine if they may use credit information under this new law.
6/3/2011
Author(s) - Alyssa Yatsko
When an employee leaves to work for a competitor, many businesses have legitimate concerns about unfair competition. The former employee may give his new employer information that took years and significant resources to develop, or share sensitive information that will jump-start the competitor in the market. One way to mitigate such a risk is by having employees sign noncompete agreements, which restrict post-employment activities. Businesses often require employees to sign such agreements as a condition of employment. But sometimes, employers ask existing employees to sign noncompetes.
12/1/2010
Author(s) - Mark Wiletsky
ColoradoBiz
Colorado, along with many other states and the federal government, is cracking down on businesses that misclassify workers as independent contractors. An independent contractor, or consultant, is a non-employee. They are not subject to payroll tax withholdings, nor are they eligible for other benefits typically afforded to employees.
10/19/2010
It is our distinct pleasure to inform you that in 2010 Holland & Hart has earned more metropolitan first-tier rankings than all but five firms in the entire U.S., according to a U.S.News & World Report - Best Lawyers® survey of nearly 9,000 law firms. Steven Naifeh, President of Best Lawyers, commented: "Let me congratulate Holland & Hart on its extraordinary performance in the U.S. News - Best Lawyers 'Best Law Firms' rankings."
12/2/2009
Author(s) - Jim Goh
Get ready for the inspectors from the Occupational Health and Safety to come knocking on your company's door. OSHA has announced a new program that will be sending inspectors out to industries believed to be underreporting workplace injuries and illnesses to make sure their recordkeeping complies with the law.
11/23/2009
Author(s) - Tobie Hazard
In November 2000, Colorado voters approved Amendment 20, which authorizes patients with certain debilitating medical conditions to receive a state registry identification card allowing them to lawfully obtain and use marijuana. The procedure for obtaining a medical marijuana card is pretty simple: The individual completes an application and submits a $90 fee along with certification from a doctor stating that he has a qualifying debilitating condition that may benefit from medical marijuana.
9/1/2009
Author(s) - Kerri Atencio
The U.S. Supreme Court is set to hear Conkright v. Frommert, an important ERISA benefits case, this fall. The Conkright decision has the potential to have some of the farthest-reaching consequences on the day-to-day administration of ERISA benefits plans of any case in recent memory.
6/18/2009
The Colorado Court of Appeals recently issued a decision addressing the enforceability of noncompete agreements. The case is significant because for the first time, a Colorado court addresses the sufficiency of consideration for noncompete agreements signed after employment begins. The Colorado Court of Appeals has now made it clear that continued at-will employment alone is not sufficient consideration to support a noncompete agreement. In order to obtain an enforceable noncompete from an existing employee , you have to give something to the employee in exchange for the employees promise not to compete.
6/8/2009
Author(s) - Tobie Hazard
Governor Bill Ritter (D) signed on June 1 H.B 1057, the Parental Involvement in K-12 Education Act, which requires employers of 50 or more employees to grant leave to employees to attend their children's academic activities. The new law takes effect August 4, 2009.
6/5/2009
Author(s) - Mark Wiletsky
Holland & Hart News Update
The stakes just got higher for businesses that misclassify employees as independent contractors. According to HB1310, which went into effect in Colorado on June 2, a business may now be fined up to $5,000 per misclassified employee for the first willful violation.
6/2/2009
John Husband, chairman of Holland & Hart's Management Committee, was recently featured in Colorado SuperLawyers magazine.
10/17/2008
Author(s) - Judith (Jude) Biggs
Labor & Employment News Alert
With the election just around the corner, this is a good time to review what Colorado says about employees taking time off to vote.
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