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Employment Law

ICE agent in hot water over political data sharing

04/01/2008
U.S. Immigration and Customs Enforcement (ICE) agent Cory Voorhis is on unpaid leave over allegations that he misused confidential agency data to aid the 2006 gubernatorial campaign of Bob Beauprez …

EEOC: Outback’s kitchen rules keep women out of management

04/01/2008
A group of women are suing Tampa, Fla.-based Outback Steakhouse, claiming they were steered into “female” jobs such as hostess and cocktail waitress and away from kitchen work. Because kitchen experience is a key requirement for promotion at the company, the women say they were shut out of management positions …

Sunflower Market hit with $125,000 back-Wage bill

04/01/2008
Sunflower Market has agreed to pay $125,310 in back wages to workers in four states for unpaid overtime. The U.S. Labor Department also levied $10,670 in fines against the grocery chain for violations of the child labor laws …

Colorado partners with IRS on employment tax enforcement

04/01/2008
Colorado is one of 29 states that have signed memoranda of understanding with the IRS to share enforcement information on employment tax collection. The move is part of the IRS’ Questionable Employment Tax Practices (QETP) initiative …

Labor Department publishes proposed new FMLA regulations

04/01/2008
On Feb. 11, 2008, the U.S. Labor Department published proposed regulations interpreting the FMLA of 1993. The department also published new draft forms for use in processing FMLA leave requests. Interested parties have until April 11, 2008, to submit comments on the proposed regulations …

Payroll records: Timekeeping for exempt, nonexempt workers

04/01/2008
Federal wage-and-hour laws require you to have a reliable system to accurately keep track of employees’ hours and pay. Casual timekeeping systems can easily trigger a back-wage lawsuit. Companies subject to the Fair Labor Standards Act must keep records for both nonexempt and exempt employees …

What’s the law on demanding a nonsmoking work force?

04/01/2008
Q. The media often have stories about companies that adopt a “no-smoker” policy in order to save on health insurance costs, and force their staffs to quit smoking to keep their jobs. Can my Colorado company do this? …

Good health incentives in the workplace

04/01/2008
Q. Our staff is wondering why we haven’t implemented a wellness program at work to motivate people to learn and practice good health habits. Are there any restrictions on this? …

Track performance improvement plans by protected category

04/01/2008
Employers frequently design performance improvement plans (PIPs) for underperforming employees. But the way managers choose which employees to place on PIPs can have serious consequences. Here’s how to make sure your PIP system is fair—and legal …

Title VII may apply to some independent contractors

04/01/2008
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor …