Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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Three Steps Employers May Take to Avoid Liability When Transferring Employees

Three Steps Employers May Take to Avoid Liability When Transferring Employees

By: Michael J. Lorden

Employers may desire to transfer an employee to a different position, division, or office because of personality conflicts, performance issues, a reorganization, or myriad other reasons.  While transferring an employee may resolve an immediate problem, it could also lead to a retaliation or disparate treatment claim.

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Time to Dust Off Colorado Physician Liquidated Damage Provisions

Time to Dust Off Colorado Physician Liquidated Damage Provisions

By: Gillian McKean Bidgood

Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization.  The payment of damages are a work-around of the Colorado statute on restrictive covenants, which provides that a physician cannot be prevented from practicing through a restrictive covenant, but permits an organization to require a physician to pay for damages caused by termination of the employment or equity agreement, including damages caused by competition. Two recent legal developments suggest that health care organizations should take a look at their agreements that contain damages provisions for Colorado physicians. 

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Summertime: Four Tips for Keeping Workplaces Cool as the Temperatures Rise

Summertime: Four Tips for Keeping Workplaces Cool as the Temperatures Rise

By: Jay M. Dade

Summertime, and the livin’ is easy . . .

Ella Fitzgerald’s voice brings images of crackling heat, warm breezes and long, languid days. But, when the temperatures rise outside, human resource managers can find their workforce temperatures rising as well. As summer progresses, the season presents unique workforce management issues. Here are four tips for keeping your workforce temperatures cool, calm and productive during the long, hot summer.

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Alphabet Soup: ADA, FMLA, WC, OSHA, GINA --What Laws Apply to a Workplace Injury?

Alphabet Soup: ADA, FMLA, WC, OSHA, GINA --What Laws Apply to  a Workplace Injury?

By: Lilian Davis

Employers face a host of compliance challenges under state and federal law when an employee suffers a workplace injury.  As we recently reported, employers must consider the legal implications of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) when litigating workers’ compensation claims.  Employers should also be cognizant of their obligations under the Occupational Health and Safety Act (OSHA) and the Genetic Information Nondiscrimination Act (GINA).

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DOL Implements Pilot Payroll Audit Independent Determination (“PAID”) Program

DOL Implements Pilot Payroll Audit Independent Determination (“PAID”) Program

By: Kate Gallen

The U.S. Department of Labor (DOL) recently announced a new pilot program, referred to as the Payroll Audit Independent Determination (“PAID”) program, which allows employers to conduct self-audits of its pay practices using the DOL’s compliance materials.  If an employer determines its pay practices are not in compliance with the Fair Labor Standards Act (FLSA), or if an employer believes its practices are lawful but wishes to resolve any potential claims without the need for litigation, the employer may self-report the issue to the DOL’s Wage & Hour Division and certify it has changed the practice to comply with the FLSA. The DOL will evaluate the employer’s information and confirm the amount of back wages due to employees if any.  The DOL will then issue releases of claims limited to any self-identified violations, which employees may sign to receive payment of any wages due.  Employees are not obligated to accept a payment or sign a release of claims, so participation in the PAID program may not insulate participating employers from litigation.  It is also unclear what impact participation in the PAID program might have on state-law wage and hour violations, which may have a longer statute of limitations than the FLSA.  In addition, an employer that self-reports violations pursuant to PAID may invite further investigation from the DOL or other state agencies. For employees who choose to settle the employer-identified violation, the employer must pay the back wages by the end of the next full pay period.

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