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Archive by tag: Holland & Hart - Employers' LawyersReturn

Understanding the Basics of the Federal E-Verify Program

Employers often debate whether to use E-Verify—a free, mostly voluntary Web-based tool that allows them to verify the employment authorization of new hires. Just as Apple created a technological solution to the legal problem of rampant online music...By: Holland & Hart - Employers' Lawyers
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CO Department of Labor and Employment Adopts New Wage and Hour Rules

On Wednesday, January 22, 2020, the Colorado Department of Labor and Employment (“CDLE”) adopted the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36, which replaces Colorado Minimum Wage Order #35. The adopted rules will go into...By: Holland & Hart - Employers' Lawyers
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Summary of California Employment Law Changes for 2020

AB 5 (Codifies the “ABC” Test for Contractor Status) - AB 5 codifies the “ABC” Test for determining contractor status which was adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. Under the...By: Holland & Hart - Employers' Lawyers
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FLSA and the Cannabis Industry: 10th Circuit Rejects ‘Illegality’ Defense

Although legal for medical and recreational use in Colorado, cannabis is still federally classified as an illegal Schedule 1 substance. As such, tension results when considering the applicability of federal employment regulations to cannabis...By: Holland & Hart - Employers' Lawyers
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Expansive New Overtime and Minimum Pay Requirements Coming for Most Colorado Employers

Just in time for the holiday season, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (“Division”), has proposed replacing Colorado Minimum Wage Order #35 with Colorado Overtime and Minimum Pay Standards...By: Holland & Hart - Employers' Lawyers
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CO’s ‘Use-It-Or-Lose-It’ Vacation Laws in Flux After New Regulations

Recently, Colorado’s Department of Labor and Employment (CDLE) proposed certain amendments to the rules promulgated under Colorado’s Wage Protection Act (WPA) and the Colorado Wage Claim Act (CWCA) related to the payout of vacation time when an...By: Holland & Hart - Employers' Lawyers
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CO Employers Can Forgo Paying Out Unused Vacation Upon Termination

Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an area of significant...By: Holland & Hart - Employers' Lawyers
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Federal Immigration Investigations Increase Dramatically

Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven Mississippi chicken processing...By: Holland & Hart - Employers' Lawyers
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Shifting the Risks of Employer’s Economic Loss Resulting from Employee Injury: Keyperson Insurance in New Mexico

What’s a New Mexico business to do if one of its key employees is absent from work due to a non-work-related injury? A pair of cases, one from the United States Court of Appeals for the Tenth Circuit, and another recently issued by the New Mexico...By: Holland & Hart - Employers' Lawyers
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New Overtime Rule Raises Annual Salary Threshold to $35,568

On September 23, 2019, the U.S. Department of Labor (DOL) issued its Final Rule relating to exemptions and overtime. The most significant change for employers is an increase to the salary threshold for exempt employees up to $35,568 from the $23,660...By: Holland & Hart - Employers' Lawyers
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