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State Employment Law Articles
Report Link Whether a Manufacturing Process is a Trade Secret Must Be Considered in the Aggregate.Littler Mendelson, P.C. - September 08, 2009 Six years after the United States Court of Appeals for the Tenth Circuit held that compilations of information could constitute trade secrets, the Tenth Circuit squarely addressed how to determine whether compilations are trade secrets in Hertz v. The Luzenac Group (No. 06-1324, 06-1358, Aug. 11, 2009). The appellate court clarified that a manufacturing process must be considered in the aggregate, but the components of the process may also be individually considered. Moreover, in considering whether an entity took adequate steps to protect its secrets, the court must focus on the steps the entity took instead of those it did not take. The Hertz court further held that a breach of confidentiality agreement action may lie even where the agreement does not protect trade secrets. Report Link Colorado Passes Stricter Penalties for Employers that Misclassify Independent Contractors.Littler Mendelson, P.C. - July 29, 2009 In June 2009, the Colorado legislature enacted the Misclassification of Employees as Independent Contractors Act. The new law creates a complaint process for workers who believe that they have been misclassified as independent contractors for purposes of unemployment insurance, and a process for the Colorado Department of Labor and Employment's Division of Employment and Training (the "Division") to issue Advisory Opinions to employers seeking advice on the proper classification of workers. Enacted as a means of punishing employers who are misclassifying employees as independent contractors and, therefore, not paying the proper amount of employment taxes, the Act has strict penalties for misclassification. Report Link Colorado Raises Penalties for Misclassification of Employees.Baker Hostetler LLP - June 10, 2009 On June 2, 2009, Colorado Governor Bill Ritter signed a bill intended to crackdown on the misclassification of employees as independent contractors. The new measure creates an enforcement mechanism within the Colorado Department of Labor, and raises the penalties for willful violations. Moreover, repeat violators face potentially severe fines and the possible loss of state contracts. Report Link New Leave Requirement For Colorado Employers.Fisher & Phillips, LLP - June 08, 2009 It's time for Colorado employers to update their employee handbooks. On June 1, 2009, Gov. Bill Ritter signed the "Parental Involvement in K-12 Education Act," which will take effect on August 5, 2009. This new law requires Colorado employers with 50 or more employees to grant up to six hours per month (up to 18 hours per academic year) of unpaid leave for the purposes of attending an academic activity for or with the employee's child. Report Link New Legislation Affecting Colorado Employers.Jackson Lewis LLP - June 08, 2009 As part of his whirlwind trip around the state this week, Colorado Governor Bill Ritter has signed a number of bills that will affect Colorado employers. Significant developments include Governor Ritter’s approval of House Bill 09-1057, the Parental Involvement in K-12 Education Act, and House Bill 09-1310, which establishes penalties for employers who misclassify employees as independent contractors. Report Link Colorado Employees Now Entitled to Academic Activities Leave.Littler Mendelson, P.C. - June 04, 2009 In August 2009, Colorado employers must provide employees up to 18 hours of unpaid leave per academic year to participate in their children's academic activities. On June 1, 2009, Colorado Governor Bill Ritter signed the Parental Involvement in K-12 Education Act ("Parental Involvement Act") into law.1 The new law requires Colorado employers to provide nonsupervisory employees with up to 18 hours of unpaid leave time per academic year to participate in parent-teacher conferences and other school-related meetings. Report Link Pandemic Preparations for the Colorado Workplace (pdf).Littler Mendelson, P.C. - May 19, 2009 In this attorney-authored article, Donald Benson of Littler's Atlanta office and Katherine Dix of Littler's Denver office examine the nature and threat of the pandemic occurrence of a disease such as avian influenza and its possible effects on Colorado business operations. The article discusses pertinent federal and Colorado state regulations and guidelines, including the Colorado State Emergency Operations Plan, Incident Annex 1 Pandemic Incident. Finally, the article highlights some of the major legal and logistical issues on which counsel should advise business clients to ensure that they are properly prepared for a possible pandemic. Report Link Parental Leave Act Pending before Colorado Governor.Jackson Lewis LLP - May 08, 2009 If Colorado Governor Bill Ritter signs a bill the state legislature has sent to him, employers in Colorado will be required to provide unpaid leave to their employees with children in grades K-12 to attend parent-teacher conferences and other academic activities, such as special education-related services, interventions, and disciplinary or behavioral meetings. House Bill 09-1057, called the Parental Involvement in K-12 Education Act, would offer parents up to 18 hours of unpaid time off from work each school year. The legislation is patterned after the federal Family Medical Leave Act, which provides eligible employees with up to 12 weeks of unpaid time off from work each year. Report Link Controversial Amendments Pulled from Colorado Ballot.Jackson Lewis LLP - October 07, 2008 An eleventh-hour agreement between Colorado business organizations and labor unions will keep four controversial employment-related amendments out of the upcoming November election. On the eve of the October 2, 2008, deadline for withdrawing ballot measures, Colorado businesses agreed to commit $3 million to fight Amendment 47, the Colorado Right to Work Amendment (which, if adopted, would prohibit requiring individuals employed in Colorado to participate in a labor union or pay union dues as a condition of employment), in exchange for the unions’ agreement to pull four other Amendments (53, 55, 56 and 57) from the ballot. While the agreement came too late to ensure that the pulled Amendments would not be printed on the ballot, votes on the Amendments will not be counted. Report Link Key Employment Measures in Colorado's November Ballot.Jackson Lewis LLP - September 05, 2008 As we approach November’s general elections, Colorado employers should keep a close eye on the state’s ballot initiatives. Five measures have been certified to appear as Amendments on the November ballot, each of which could significantly impact Colorado’s legal landscape in the employment arena. The Amendment receiving the most attention has been Amendment 47, also known as the “Colorado Right to Work Amendment.” It proposes to amend the state Constitution to make Colorado the 23rd right-to-work state. This means that individuals employed in Colorado could not be required to participate in a labor union or pay union dues as a condition of employment. Amendment 47 would apply to union agreements entered into, renewed or extended after the amendment becomes effective. A violation would be punishable as a misdemeanor. Report Link Colorado Law Requiring Accommodation for Nursing Mothers.Jackson Lewis LLP - August 19, 2008 Colorado’s new Workplace Accommodation for Nursing Mothers Act will provide support for nursing mothers in the workplace. Colorado is the 16th state in the nation to pass such legislation. Report Link Colorado Broadens Ban on Sexual Orientation Discrimination.Jackson Lewis LLP - June 27, 2008 Colorado Governor Bill Ritter has signed into law a controversial bill prohibiting sexual orientation discrimination in public accommodations, union membership, housing, and a number of other commercial areas. The new law—Senate Bill 200—went into effect on May 29, 2008, and expands upon the protections added by the 2007 amendments to Colorado’s civil rights law, which banned sexual orientation and religious discrimination in employment. The bill defines sexual orientation as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.” Report Link Colorado Bans Workplace Discrimination Based on Sexual OrientationJackson Lewis LLP - August 07, 2007 A significant amendment to Colorado's Anti-Discrimination Act ("CADA") will go into effect on August 8, 2007. The amendment prohibits employers from discriminating on the basis of sexual orientation or religion. Prior to the amendment, the CADA protected employees based on race, creed, color, sex, age, national origin, and ancestry. Report Link Colorado Amends Law to Add Sexual Orientation and Religion to the List of Classes Protected from Employment Discrimination.Ford & Harrison LLP - June 06, 2007 On May 25, 2007, Colorado Governor Bill Ritter approved legislation expanding Colorado's ban on employment discrimination to include sexual orientation and religion. The law's amendment makes Colorado the 19th state to ban employment discrimination on the basis of sexual orientation. The other states are: New Jersey, California, Illinois, Maine, Minnesota, New Mexico, Rhode Island, Washington, D.C., Washington state, Connecticut, Hawaii, Maryland, Massachusetts, Nevada, New Hampshire, New York, Vermont, and Wisconsin.
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Count and Sub-TopicsArticles Found: 14NO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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