Archive for Employment Law

Second circuit recognizes sexual orientation as protected class; Supreme Court next?

  • April 23rd, 2018
  • Miles Buckingham
  • Comments Off on Second circuit recognizes sexual orientation as protected class; Supreme Court next?

In late February 2018, the Second Circuit, sitting en banc (full panel), became the second federal appellate court (joining the Seventh Circuit) to recognize sexual orientation as a protected class under Title VII. Zarda v. Altitude Express, Inc., 883 F.3d 100 (2nd Cir. 2018). We suspect more circuit courts will…

Employment Law: Mass. Medical Marijuana Users Have Standing to Sue

  • July 19th, 2017
  • Miles Buckingham
  • Comments Off on Employment Law: Mass. Medical Marijuana Users Have Standing to Sue

On Monday, the Massachusetts Supreme Judicial Court recognized standing to sue in an employee who was terminated for using medical marijuana. The Mass. order stands in direct contrast to recent decisions from Colorado, and creates new conflicts between states on how to treat their own legalization of the drug. The…

Employees, Independent Contractors, and Volunteers-oh my!

  • February 23rd, 2017
  • Miles Buckingham
  • Comments Off on Employees, Independent Contractors, and Volunteers-oh my!

Do you know how many employees you have? The answer may not be as clear-cut as you think. Many employers classify workers as independent contractors and volunteers, but Courts might consider those workers as actual employees. A recent case from the United States District Court  in Denver, Colorado, Johnston v….

Nemirow Perez Offers Virtual General Counsel For Small Businesses

  • September 3rd, 2016
  • dflo
  • Comments Off on Nemirow Perez Offers Virtual General Counsel For Small Businesses

Have you considered a virtual General Counsel for your small business? Small business owners are busy, on a budget, and sometimes baffled by the legal and regulatory side of running a business. As small business owners ourselves, we get it and we are here to help. While every small business…

PEREZ AND BROWN OBTAIN SUMMARY JUDGMENT ON EMPLOYMENT DISCRIMINATION CLAIMS AGAINST HOMEOWNER’S ASSOCIATION

  • May 6th, 2015
  • Miles Buckingham
  • Comments Off on PEREZ AND BROWN OBTAIN SUMMARY JUDGMENT ON EMPLOYMENT DISCRIMINATION CLAIMS AGAINST HOMEOWNER’S ASSOCIATION

On April 20, 2015, Kevin P. Perez and Christopher P. Brown obtained summary judgment for their homeowners’ association client, which led to the dismissal of all Title VII sexual harassment and retaliation claims brought against the HOA. The United States District Court Judge’s summary judgment order also resulted in an…

Employment Law: Parenting leave bill in Colo. will not be renewed

  • March 26th, 2015
  • Miles Buckingham
  • Comments Off on Employment Law: Parenting leave bill in Colo. will not be renewed

March 26, 2015 – A committee within the Colorado Legislature voted not to extend the State’s 2009 Parental Involvement in K-12 Education Act. That law, which will now expire, required larger employers to provide employees with up to six hours a month, and up to 18 hours per year, of…

The EEOC and additional considerations in claims of pregnancy discrimination

  • January 28th, 2015
  • Miles Buckingham
  • Comments Off on The EEOC and additional considerations in claims of pregnancy discrimination

In July 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued formal guidance that clarifies its position on the Pregnancy Discrimination Act (“PDA”). Though this guidance does not have the force of law, it offers an indication of how the EEOC will proceed when a charge of pregnancy discrimination is…

Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know

  • January 28th, 2015
  • Miles Buckingham
  • Comments Off on Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know

On July 25, 2014, Kevin Perez was a speaker at the Colorado Defense Lawyers Association’s Telluride Summer Conference. Kevin’s presentation was titled, “Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know.” The discussion covered several hot topics, including employees’ Fourth Amendment rights and common law rights to privacy;…