Tag: Colorado

New law gives employees in Colorado access to personnel files

by Brad Williams A new state law going into effect January 1 requires most private-sector employers in Colorado to allow employees to inspect and copy their personnel files at least annually upon request. The new law also grants former employees the right to inspect their personnel files once after the termination of their employment. The […]

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Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

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Colorado employers have new official employment verification form

Colorado employers now have an official form from the state Division of Labor that should be used to verify that all employees hired after October 1 are legally eligible for employment. Colorado law already requires all public and private employers to verify and document the legal employment status of all employees hired after January 1, […]

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Colorado civil union law means change for employers

The Colorado Civil Union Act, which takes effect May 1, requires changes in employer-provided insurance plans and makes changes to the state’s workers’ compensation law. Effective for plans issued, delivered, or renewed on or after January 1, 2014, a party to a civil union may cover his or her partner as a dependent. Employers providing […]

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California

Employers Whose Employees Work in California Are Subject to State Overtime Laws

By Chris McFadden Employers that require workers to travel to and work within California may be subject to the state’s overtime laws even though their employees are nonresidents. The California Supreme Court decided last week that the California Labor Code applies to the overtime claims of three nonresident instructors who performed work within the state. […]

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Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

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Practical Tips for Enforcing Arbitration Agreements

by Mark Wiletsky Organizations sometimes require employees to arbitrate claims or disputes that might arise during or after the employment relationship. Workers typically sign arbitration agreements when they’re hired but don’t always want to comply with them when there’s a dispute, and employees’ attorneys often want to present their case to a jury, not an […]

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‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]

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Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

by Lorraine Yeomans The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana. On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine […]

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Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

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