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Employment Law

ADA retaliation settlement gives officer promotion, pay

08/05/2008
Lance Lazoff, an officer with the Colorado Springs Police Department, will be promoted to sergeant with back pay and benefits to settle his retaliation lawsuit against the city. Lazoff alleged that, despite an exemplary service record, he was denied promotion to the rank of sergeant because of his vocal support for his wife’s claim under the ADA …

Archdiocese shifts policy after $5.5 million settlement

08/05/2008
The Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle a recent round of lawsuits claiming child sexual abuse by priests. The agreements cover 16 lawsuits and two complaints against three archdiocese priests, all of whom have since died …

Is ‘at-will’ employment at risk in Colorado? Voters will decide

08/05/2008
Colorado (like nearly every other state) historically has been an “at-will” employment state. That means employers are free to fire an employee, and an employee is free to quit, at any time, with or without cause, and with or without notice. But this fall, that could all change. Ballot Initiative 76 would amend the state constitution to eliminate at-will employment …

Paying exempt employees on an hourly basis

08/05/2008
Q. We have several positions that satisfy the duties tests for the so-called “white collar” exemptions (executive, administrative and professional). We want to pay these people hourly, rather than on a salary basis, because sometimes they perform work that would be considered nonexempt. Can we do this? …

Colorado vs. federal law on discrimination

08/05/2008
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Federal court clarifies ‘Protected activity’ under the FLSA

08/04/2008
The 5th Circuit Court of Appeals has issued an important ruling in a Fair Labor Standards Act (FLSA) case. It marks the first time the court has defined exactly what the FLSA means when it refers to filing a wage-and-hour “complaint.” The court’s decision is important because it means employers that punish employees who file complaints may be liable for retaliation …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008
A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Arbitrating claims? Chances are appeals court will uphold decision

08/04/2008
When employees and employers freely agree to arbitrate disputes and submit those disputes to an impartial decision-maker, chances are a federal court won’t reverse that decision. In fact, courts are required to resolve doubts in favor of arbitration, so those who try to bring lawsuits don’t get a “second bite at the apple.”