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Cannabis Industry Employees May Now Pursue FLSA Claims Posted on: September 24, 2019 In: Labor & Employment
There may soon be a sea change concerning the federal rights for workers in the cannabis industry after what could become a landmark opinion issued Friday, September 20th, by the 10th Circuit Court of Appeals. Employers involved in the cannabis industry are now susceptible to claims alleging violations of the Fair Labor Standards Act.
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Tags:
cannabis, flsa, overtime, minimum wage, controlled substances act
Protecting Your Trade Secrets in the European Union Posted on: September 23, 2019 In: Labor & Employment
This past week, the firm’s Denver office participated in Denver Startup Week. We spoke with many attendees about their concern with expanding their businesses to the global stage, especially in light of the uncertainty surrounding the forthcoming “Brexit.” Specifically, entrepreneurs asked about how they can go about protecting their trade secrets when they are doing business abroad.
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Tags:
trade secrets, eu, brexit, defend trade secrets act, germany
New Year’s Resolutions for Aggressively Compliant Employers Posted on: September 20, 2019 In: Labor & Employment
It is about to be a New Year! At least, it will be for the federal government as of October 1st, when its new fiscal year begins. Most organizations stress the need for continuous improvement, including in Human Resources. As we approach the end of the government’s fiscal year, business should use this time of year as an opportunity for some organizational “New Year’s resolutions,” such as general house cleaning and a fresh assessment of their risk and compliance strategies.
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Tags:
human resources, fiscal new year, resolutions, risk & compliance, employment law, labor law
Back-to-School Supplies: IEP Meetings Covered under FMLA Posted on: August 29, 2019 In: Labor & Employment
Back-to-school season has officially arrived, and with it has come some new school supplies for parents: protection under the Family and Medical Leave Act (FMLA) to attend a child’s Individualized Education Program (IEP) meeting. Earlier this month, the U.S. Department of Labor (DOL) released an opinion letter confirming that parents are entitled to take intermittent FMLA leave to attend school meetings to discuss their child’s IEP.
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Tags:
fmla, department of labor, parental leave, medical leave, iep
In California, Now Even Hair Is Protected Posted on: August 09, 2019 In: Labor & Employment
Last month, California became the first state to protect employees from discrimination based on natural hair and hairstyles associated with race. California follows New York City’s passage of a similar ordinance earlier this year.
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Tags:
california, discrimination, hairstyle, dress code, feha
Pre-Employment Credit Checks: When Can They Be Used? Posted on: July 31, 2019 In: Labor & Employment
Many reading this will have heard of “ban the box” laws, which prohibit employers from asking applicants about criminal histories, but what about laws regarding pre-employment credit checks and credit reports?
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Tags:
fcra, credit check, hiring, human resources, employment law
San Antonio’s Paid Sick Leave Delayed - Is Relief on the Way for Dallas Employers? Posted on: July 25, 2019 In: Labor & Employment
Although Texas employment laws generally remain employer-friendly, Texas employers have not been immune to the expansion of paid sick leave ordinances on the local level. The cities of Austin, San Antonio, and Dallas all recently enacted similar ordinances requiring employers to provide eligible employees with one hour of paid sick leave for every 30 hours worked up to certain caps based on employer size.
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Tags:
paid sick leave, texas, dallas, employment law
Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & Employment
It is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace.
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Tags:
politics, human resources, discrimination, harassment, retaliation
AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & Employment
Artificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society.
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Tags:
artificial intelligence, human resources, hiring, technology, discrimination
The Ten Commandments of Firing: Part 3, Commandments VII - X Posted on: July 12, 2019 In: Labor & Employment
This is the final installment in my three-part series on the Ten Commandments of Firing. Before reading this post, I suggest you read Part 1, covering Commandments I – III, and Part 2, covering IV – VI.
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Tags:
firing, reduction in force, lay off, termination, human resources
The Ten Commandments of Firing: Part 2, Commandments IV - VI Posted on: July 10, 2019 In: Labor & Employment
In our last post, we rolled out the first three of my “Ten Commandments of Firing.” In this blog, we will cover Commandments IV through VI: don't have a hidden agenda, don't be a jerk, and don't nitpick.
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Tags:
firing, reduction in force, lay off, termination, human resources
The Ten Commandments of Firing: Part 1, Commandments I - III Posted on: July 08, 2019 In: Labor & Employment
I love to talk about firing people. Defending employment cases for over 40 years has exposed me to considerable experience concerning terminations. While many courts in many states recognize that the implied covenant of good faith and fair dealing does not exist as a matter of law in the employment context, it sure as heck exists in the mind of jurors.
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Tags:
firing, reduction in force, lay off, termination, human resources

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