“They’re on salary, so what is the problem?“ The problem is that many employers do not realize this: Just because an employee is put on a fixed salary does not necessarily mean that the employee is exempt under the law from payment for overtime. To be exempt from overtime pay, an employee’s situation may need … Continue Reading
It’s a concrete case. A former employee may be stuck with an agreement that he had signed while working for his former employer, restricting his right to later go to work for a competitor. In a recent case, Lucht’s Concrete Pumping, Inc. v. Horner,(E1) the Colorado Supreme Court decided whether an employer’s continuation of … Continue Reading
You or your business could be at risk of being found to be an employer to someone previously thought to be an independent contractor. You could be sued for violation of The Fair Labor Standards Act (FLSA). There are many factors that can determine whether the person that worked for you is really an … Continue Reading
Independent Contractor or Employee – More Than a Question of Taxes The saying is familiar: If it looks like a duck, walks like a duck and quacks like a duck, it is a duck, no matter what someone calls it. Similarly, if a worker serves a company like an employee, the law may treat the … Continue Reading
What an employee does after work hours might have more significant consequences for the employer than what the employee does while on duty. That is one implication of Watson v. Public Service Co. of Colorado, a wrongful discharge case which the Colorado Supreme Court is considering for review. The case involves application of a … Continue Reading
It is not unusual for a business owner to require certain employees or the sellers of the business to enter into an agreement not to compete with the business for a period of time after they leave the business. Some people assume that if the non-competition agreement (or “non-compete”) is written by an attorney, … Continue Reading
Rare is the employer who doesn’t have to let one of its employees go. Every so often, issues about an employee’s performance, the “fit” between employee and employer, or other business circumstances make it necessary for an employer to terminate an employee’s employment. But, just because firing is common doesn’t make it easy. Emotions run … Continue Reading
Supreme Court Rulings: A Mandate for Employers to Provide a Formal Sexual Harassment Policy and Complaint Procedure? Recent decisions of the United States Supreme Court can be viewed as a mandate for employers: communicate to all employees a formal policy against sexual harassment, including a sensible complaint procedure. An employer who fails to do … Continue Reading
The foundation of Colorado employment law, the doctrine of employment at-will, is eroding away. It is the consequence of three recent decisions of the Colorado Supreme Court, which held in favor of individuals who had sued their former employers for terminating their employment. The lawsuits were based on assurances that the employers would be … Continue Reading
