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Employment Law

Beware FLSA peril: Constantly changing schedules and pay may destroy exempt status

11/06/2008

Employees who are classified as exempt under the FLSA can be paid on a salary basis and must work as many hours as necessary to get the work done. However, some employers make such frequent changes to the salary levels of exempt employees that it can almost seem as if the employees are being paid on an hourly basis. When that happens, the employer loses the right to skip paying overtime.

One less tune for whistle-blowers to play: Sarbanes-Oxley Act trumps Colorado common law

11/06/2008

Good news: Employees who allege they were fired for blowing the whistle on their employers for activities that violated the federal Sarbanes-Oxley Act can’t also sue under Colorado’s common-law public-policy exception to at-will employment.

Tell bosses: Accept settlement without comment

11/06/2008

Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.

No EEOC filing means no lawsuit, right? Not always

11/06/2008

Employees making Title VII discrimination claims must file their complaints with the EEOC before filing a federal lawsuit … most of the time, but not always.

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Did Denver International snowplowers pull a snow job?

11/06/2008

A report released by Denver Auditor Dennis Gallagher in October accused employees in the Denver International Airport’s (DIA) Snow Operation Support Program of willfully collecting nearly $7,000 in unearned overtime pay.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

New ADA amendments law expands employee disability rights

11/06/2008

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.

Must we offer severance pay?

11/06/2008

Q. We just let go of a new hire after only three months on the job because her performance was not up to our standards. Do we have to provide two weeks’ notice or severance pay?