Department of Labor will allow more employees to collect overtime
- October 3, 2019
- Miles Buckingham
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In late September 2019, the Department of Labor issued its final rule to allow more employees to collect overtime by raising the qualifying salary from $455 per week ($23,660 annually) to $684 per week ($35,568). Final Rule Notice. Under the…
Colorado’s New Data Privacy Law: Where’s Your Company’s Policy?
- December 20, 2018
- Miles Buckingham
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Does your business receive or keep Personal Identifying Information of customers? The definition of Personal Identifying Information is broad, and includes: A user’s password (say, to access restricted areas on your web-site); Personal Identification Numbers; Social security numbers; A pass…
Second circuit recognizes sexual orientation as protected class; Supreme Court next?
- April 23, 2018
- Miles Buckingham
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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…
Employment Law: Mass. Medical Marijuana Users Have Standing to Sue
- July 19, 2017
- Miles Buckingham
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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…
Employees, Independent Contractors, and Volunteers-oh my!
- February 23, 2017
- Miles Buckingham
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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…
Nemirow Perez Offers Virtual General Counsel For Small Businesses
- September 3, 2016
- dflo
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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…
PEREZ AND BROWN OBTAIN SUMMARY JUDGMENT ON EMPLOYMENT DISCRIMINATION CLAIMS AGAINST HOMEOWNER’S ASSOCIATION
- May 6, 2015
- Miles Buckingham
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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…
Employment Law: Parenting leave bill in Colo. will not be renewed
- March 26, 2015
- Miles Buckingham
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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…
The EEOC and additional considerations in claims of pregnancy discrimination
- January 28, 2015
- Miles Buckingham
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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…
Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know
- January 28, 2015
- Miles Buckingham
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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…