Jacob A. Bruner

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Colorado Approves Changes to Unemployment Insurance Notices

By Jacob A. Bruner and Alexis Opper on July 14, 2022 Posted in Colorado, Wage and Hour

This past spring, Colorado legislators enacted several new employment-related laws, including Senate Bill 22-234. The bill provides $600 million in federal pandemic relief funds to replenish Colorado’s Unemployment Insurance Trust Fund and updates the notice requirements employers must follow when providing employees with information about unemployment insurance. … Continue Reading

Colorado Supreme Court Resolves ‘Use-It-or-Lose-It’ Conundrum in Decision Providing Long-Awaited Clarity for Employers

By Jacob A. Bruner and Nathan A. Schacht on July 16, 2021 Posted in Colorado

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon separation of employment, even where an agreement or policy authorizing forfeiture of such pay exists. The impact of the ruling is significant, as … Continue Reading

Colorado Joins Coalition of States Expanding Antidiscrimination Laws to Include Protections for Gender Identity and Gender Expression

By Nathan A. Schacht and Jacob A. Bruner on June 7, 2021 Posted in Colorado

On May 20, 2021, Colorado Gov. Jared Polis signed into law HB21-1108, known as the Gender Identity Expression Anti-Discrimination Act (the Act). In relevant part, the Act updates Colorado’s nondiscrimination provisions applicable to individuals seeking protection on the basis of “sexual orientation,” including by adding the terms “gender expression” and “gender identity” to 48 areas … Continue Reading

Back to Work: Montana Enacts Pro-Employer Changes to Wrongful Discharge Law While Becoming the First State to Protect Employees Based on Vaccination Status

By Nathan A. Schacht and Jacob A. Bruner on May 27, 2021 Posted in Wrongful Discharge

In a flurry of activity this spring, the state of Montana implemented several changes to how employers may do business in Montana. To start, several amendments to Montana’s Wrongful Discharge from Employment Act (WDEA) provide increased flexibility to Montana employers. In addition, amendments to Montana’s Human Rights Act add new COVID-19-related protections for employees based … Continue Reading

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

By Jacob A. Bruner, David Grant and Caroline M. Landt on March 26, 2021 Posted in DOL

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which revises the Fair Labor Standards Act’s (FLSA) tip regulations and implements an earlier statutory amendment concerning the … Continue Reading

Exploring Potential Liability under Colorado’s Lawful Off-Duty Activity Statute in 2020

By Nathan A. Schacht and Jacob A. Bruner on August 28, 2020 Posted in Colorado

Today’s political and social climate has brought significant changes to the workplace. Employers are adapting to a remote workforce, COVID-19 regulations, political protests and the upcoming election. Regardless of whether political speech and activity in your workplace have already caused noticeable workforce fragmentation or provided challenges to your human resources and management teams, it is … Continue Reading

Reminder: Beginning Jan. 1, Colorado Employers Have Strict Requirements Under the Equal Pay for Equal Work Act

By Nathan A. Schacht and Jacob A. Bruner on August 26, 2020 Posted in Wage and Hour

As we reported in our blog post in June 2019, last year, Colorado started the process of tightening its protections for pay equity. The state’s Equal Pay for Equal Work Act (the Act), which was signed into law last year, takes effect on Jan. 1, 2021, and results in requirements that employers should immediately consider. … Continue Reading

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

By Jacob A. Bruner and Nathan A. Schacht on February 13, 2020 Posted in Wage and Hour

Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights … Continue Reading

Paid Family and Medical Leave Is Coming to Oregon

By Jacob A. Bruner on July 30, 2019 Posted in Leave of Absence

Earlier this month, Oregon passed its own paid family and medical leave act (the act), making it the eighth state in the country to pass such a law. Oregon joins California, Massachusetts, New Jersey, New York, Rhode Island, Connecticut and the District of Columbia in providing paid family and medical leave benefits to employees. In … Continue Reading

High Times for Employees in Nevada: New Restrictions on Preemployment Drug-Screening of Applicants Who Test Positive for Marijuana

By Jacob A. Bruner on June 18, 2019 Posted in Background Checks

Beginning in 2020, Nevada employers can no longer refuse to hire a job applicant for failing a preemployment marijuana screening test. The law, known as “AB132,” became effective on June 5 and is the first of its kind among the states. Although the law is limited in scope to drug screenings involving the presence of … Continue Reading

State Court Asked to ‘Weigh In’ on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law

By Jacob A. Bruner on October 16, 2018 Posted in EEOC, Health & Wellness

On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case, titled Casey Taylor, et al. v. Burlington Northern Railroad Holdings Inc., et al., Case No. 16-35205 (9th Cir. Sept. … Continue Reading

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

By Nathan A. Schacht and Jacob A. Bruner on October 10, 2018 Posted in Department of Labor, FLSA

On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered … Continue Reading