The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) provides important protections for employees using leave in various situations, including for a serious health condition or to care for a newborn child. Not only is it unlawful to deny FMLA leave, when an employee meets the requirements for such leave, but it is also unlawful to interfere with the use of FMLA leave or to retaliate against an employee for taking FMLA leave. Find out more information about FMLA leave in our new article.

Employee Rights And Protections Under The Family And Medical Leave Act

Protections for Private Employees who are Veterans: The Uniformed Services Employment and Reemployment Rights Act of 1994

We previously posted information about employment protections for federal sector employees who are veterans. In order to provide similar information for employees working for private employers, our latest guidance addresses USERRA Claims For Private Sector Employees. As always, should you have questions or wish to discuss your claims, contact us at 720.999.5390 or ben@wick-law.com

Employment Protections For Veterans Who Are Federal Employees

If you are a currently enlisted service member, including a reservist, or a veteran, and employed by the federal government, there are additional rights that can protect you from unlawful actions in the workplace. One of the laws that specifically protects currently enlisted service members and veterans is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Our guidance on USERRA claims is at the link below. The Wick Law Office is proud to represent veterans in USERRA claims and other employment matters. If you have questions or would like to discuss your situation, please contact us.

Federal Employee USERRA Claims

Fact Sheet For City And County Employees In Colorado

Many employees of cities and counties in Colorado have additional rights relating to employment matters that differ from the rights of private-sector employees. For example, certain city and county employees in Colorado can challenge disciplinary actions and raise allegations of discrimination through internal administrative processes. In addition, claims of discrimination can be filed through the CCRD or EEOC, as is the case with private-sector employees. Our Fact Sheet for City and County Employees in Colorado has additional information.

Colorado State Employee Rights and the State Personnel Board

Employees of the State of Colorado in classified positions, who are certified, have the right to challenge personnel actions to the Colorado State Personnel Board. The ability to challenge such actions differs from the rights of at-will employees in the private sector. There are certain factors in determining who can appeal to the State Personnel Board and what actions can be appealed. Our new fact sheet includes useful information for state employees about the State Personnel Board, raising claims of discrimination, and the Colorado Governmental Immunity Act. Please contact us if you have any questions or need additional information.

FACT SHEET FOR COLORADO STATE EMPLOYEES

Colorado Wage Act Basics for 2019

With the new year, the new Colorado Wage Order has gone into effect. In addition to an increase in minimum wage, the Colorado Wage Order and Colorado Wage Act provide protections for employees against unpaid wages, bonuses, commissions, and expenses. Importantly, the Colorado Wage Act allows employees to recover a substantial penalty from an employer for failing to pay wages, in certain circumstances. General information can be found in the article below on Colorado Wage Act Basics. If you have specific questions, please contact us at 720-999-5390 or ben@wick-law.com.

2019 Colorado Wage Act Basics

What rights does a federal employee have after being forced to take leave?

Many federal government employees have appeal rights to the Merit Systems Protection Board (MSPB) when certain types of disciplinary action are taken against them. Even where there is no formal disciplinary action, an employee may still have a right to challenge the Agency’s action. For example, a federal employees forced to use leave for more than 14-days or forced from the workplace, without due process, may have an appealable action to the MSPB. More information can be found here.

Federal Employee Issues: The Agency’s Burden To Articulate A Legitimate, Non- Discriminatory Reason

In a complaint of discrimination against the federal government, the federal agency has the burden to articulate a legitimate non-discriminatory reason for the alleged discriminatory actions, after the complainant sets forth an initial showing of discrimination. What does the agency have to establish to meet its burden? Find out in our latest article addressing the legal standards applicable to federal sector employees filing EEO complaints of discrimination. Federal Employee Issues: Agency’s Burden To Articulate A Legitimate, Non-
Discriminatory Reason
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Is Colorado’s Wage Order intended to extend overtime protections to certain classes of employees who are not protected by the Fair Labor Standards Act?

According to a recent decision by the Colorado Court of Appeals in Brunson v. Colo. Cab Co., LLC, 2018 COA 17, the Colorado Wage Order, as interpreted by the Colorado Department of Labor, provides greater employee protection than does federal law. Our summary of the case and analysis of the impact on future cases is attached. For additional information, contact Amanda Walck at 720-999-5390 or Amanda@wick-law.com.