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Overtime Pay for Salaried Employees

“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

Employee May Be Stuck With Non-Compete

  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

Independent Contractor or Employee

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

Wrongful Discharge for Off-Duty Conduct

  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

Is Your Non-Compete Enforceable?

  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

Employee Termination – Firing Dos and Don’ts

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

Sexual Harassment Policy and Complaint Procedure

  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

Erosion of the Doctrine of Employment At-Will

  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

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