The Litigation Boutique LLC

Denver Employment Law Blog

Be honest when someone makes unwanted advances

Someone making a romantic advance toward you at work is not necessarily harassment the first time it happens. If a co-worker asks you out and your company does not have a policy against employees dating, they haven't done anything wrong.

When it turns into harassment is when it keeps happening. Say that they ask you out, you turn them down and they make it a point to come to your desk every single day as soon as they arrive at work. They "compliment" you and make comments about how attractive you are, then ask you out again. You can imagine how infuriating this gets when the comments don't stop, and they're definitely harassing you, perhaps to pester you into going out with them or just to annoy you since you turned them down.

Steps to build your retaliation legal case

Employees are under a lot of pressure to not upset their employers, and so they may not feel comfortable taking actions that their employers won't like. However, the public has an interest in learning the truth, and so the law offers protections for employees who exercise their legal rights to report illegal or unsafe activity in the workplace. One of the most important ways state and federal laws protect these workers is through laws prohibiting certain types of workplace retaliation.

Illegal workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activity. This activity can include reporting sexual harassment, illegal discrimination or unsafe working conditions, or otherwise blowing the whistle on unlawful behavior.

3 examples of age discrimination in a work environment

You're getting older, but that doesn't mean you're any less beneficial to a company. You have been in the industry for many years, and you have insight that others may not. You worry that your age plays a role in many of the decisions that take place around you, especially since you have been passed up for promotions and talked down to by younger members of the staff.

As someone who is aging, it's important for you to know that you are protected against age discrimination if you are 40 years of age or older. That's a federal law.

Case before Colorado court could change legal landscape

A case pending before the Colorado Supreme Court currently has the potential to change the landscape of employment law in this state.

Interestingly, this case involves a man who himself worked in human resources for a public hospital. He described his position as one in which part of his job was to prevent employees from being unlawfully or improperly treated.

Don’t just sign an employment contract, review it first

You're so excited about receiving a job offer that you rush to sign your employment contract and provide the necessary paperwork to your new employer.

While it's okay to feel excitement, don't sign an employment contract without first carefully reviewing the finer details. The last thing you want is to find that you signed something you don't agree with.

More on discriminatory hiring and recruiting

A previous post on this blog talked about how several well-known companies are facing allegations from the Equal Employment Opportunity Commission, or EEOC, that they engaged in discriminatory recruiting practices. The issue was that these employers either placed, or allowed, Facebook ads that were selectively shown both to people under 40 and to men.

There are in fact a number of ways employers in the Denver area can run into legal trouble in how they conduct their recruiting and hiring process. Likewise, employers also need to be careful when promoting employees internally, as an employer is not allowed to discriminate in the advancement of employees any more than in hiring and firing decisions.

Do you have rights if your employer doesn't pay your bonus?

Top executives and sales professionals receive competitive pay to attract them to work at a company. Many businesses will go a step beyond that in order to incentivize the best possible performance for their staff. In addition to base pay and commissions, some successful companies offer performance-based bonuses to sales staff, executives and managers.

These bonuses can represent a significant amount of a worker's annual income. It is not uncommon for those hoping to secure a bonus to go above and beyond for their employer in terms of the number of hours worked and how much effort they make at the company. When you fulfill all of the obligations to secure a bonus and your employer doesn't pay it out, it can feel like a betrayal.

Recent action reinforces that discriminatory recruiting is wrong

The United States Equal Employment Opportunity Commission, or EEOC, recently filed formal allegations against several companies accusing them of unlawful targeted recruiting that, according to the allegations, was designed to discourage older workers, and in some cases women, from applying for certain positions.

According to some experts, this action represents the first time the EEOC has formally applied anti-discrimination laws to online targeted advertising, such as through Facebook. In this context, targeting advertising is the practice of using a social media platform, like Facebook, to make sure that certain groups of people see ads for open positions, while others do not see these ads.

Representing employees in misclassification cases

A previous post on this blog reported that new federal standards governing who can and cannot be classified as a salaried employee exempt from overtime and other wage rules are promising to change the landscape of workplaces both in Colorado and throughout the country.

Basically, the new rules raise the minimum salary threshold from $23,000 to $35,500, meaning that employers must now guarantee at least a salary of $35,500 to an employee before the employer can take advantage of overtime exemptions for certain executive, administrative and professional employees who typically do not get paid by the hour.

Seek wages you're owed with protection from the law

There is nothing worse than feeling as if your employer is not paying you for the time you've been spending on the job. Whether it's a few missing hours of pay each week or paychecks that never seem to add up correctly, you may be confused and frustrated. The good news is that Colorado has steps in place to help you seek the compensation that you're owed from your employer. Employers who don't pay could be fined or penalized for their actions. Best of all, you may be able to stay out of court if you are owed $7,500 or less in wages.

The Colorado Wage Protection Act is making significant changes in how the state's wage and hour laws work. The Wage Protection Act was implemented in January 2015 and established a procedure to help adjudicate situations where there were unpaid wages of $7,500 or less per employee. The new act also increased the fines that employers could have imposed on them for making these errors in payments. The act also provides for attorneys' fees if the employees were paid less than minimum wage.

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