Is THC “Lawful” in Colorado?

By Bill Wright The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394.  The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law.  The Lawful Activities Statute provides that employers may not discriminate against employees for their “lawful” off-work activities.  The employer (and […]

Thumbs Up/ Thumbs Down, Still FCRA

By Bill Wright Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose high risk to your customers. But, if you get a summary of the background reports, […]

2 Plaintiffs, 24 years to Appeal

By Bill Wright Is this a record? The 11th Circuit Court of Appeals recently ruled on a case involving 2 plaintiffs and 6 claims. The most remarkable fact is that the case at issue started in June 1990. That’s when the Complaint was filed; the EEOC charge must have been before that. The underlying facts […]

Federal Contractors Beware – Part 5

By Lori Wright Keffer On September 15, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule prohibiting federal contractors and subcontractors from discriminating against an employee or applicant who discusses, discloses or inquires about pay, as instructed by President Obama in his April 8, 2014 memorandum discussed here. The proposed rule […]

New Rule On Reporting Worker Hospitalization

By Pat Miller On September 11, 2014, OSHA announced a new rule that will require employers to report, in addition to fatalities, all in-patient hospitalizations resulting from a work-related incident.  Employers also will be required to report to OSHA all amputations and eye losses.  Currently, employers are only obligated to report fatalities and hospitalizations of […]

Employer Rights Lost in Translation

By Bill Wright A new NLRB matter demonstrates the importance of having bilingual managers for a bilingual staff. The employer addressed union members in the run up to a decertification election. The script called for the COO to warn the employees: “. . . we believe the Union will push you toward a strike. Should […]

Move Over EEOC: Time for an NLRB Benchslap

“Just John” Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our focus to the NRLB and a recent case it litigated in federal court in Arizona. In […]