Author Archives: David Law

October 13, 2023

Are Your Company’s Return To Work Policies ADA Compliant? Let’s Review!

David Law

On Wednesday, October 4, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to pay $750,000 (among other terms) to settle a case alleging violations of the Americans with Disabilities Act (ADA). This announcement is a good reminder for employers to review their policies and practices impacting employees who are returning from a medical leave of absence.

In the lawsuit, the EEOC alleged that PNM had a policy or practice of failing to accommodate qualified employees with disabilities. Specifically, the EEOC alleged that employees were not allowed to return to work after a medical leave of absence unless they were released to “full duty” and could perform their job functions without medical restrictions. Employers cannot, however, condition an employee’s return to work on his or her ability to work without restrictions. Instead, when an employee is returning from some type of medical leave, employers should contact the employee to confirm the return to work date, and inform the employee that if accommodations are needed, the employee must inform the employer so that the parties can engage in the interactive process. Read more >>

August 4, 2023

FMLA and FAMLI Leave

David Law

by David Law

Question: We have an employee in Colorado who is pregnant and was recently approved for 12 weeks of FMLA leave. Her expected due date is August 15, 2023, and we expect her to take the full 12 weeks starting on that date. Will this employee also be eligible to take 12 weeks of FAMLI leave under Colorado’s new FAMLI Act?

August 1, 2023

Big Changes to Colorado’s Pay Transparency Requirements

David Law

by David Law

On June 5, 2023, Colorado Governor Jared Polis signed SB 23-105 into law, significantly changing the rules around job postings and promotional notices. Employers will need to act quickly to prepare for these changes, which take effect January 1, 2024.

Overview of the Changes

Although multiple states have enacted pay transparency laws, Colorado has been the only state to require employers to notify existing employees of all “promotional opportunities” within their companies. SB 23-150 changes this requirement. Now, employers are required to provide notice of (and compensation and benefit information for) all “job opportunities” within their organizations, regardless of whether the opportunities would qualify as promotions, lateral transfers, or demotions for most existing employees. The Act clarifies that “career progression” and “career development” are not job opportunities and do not trigger the opportunity-notice requirements. The Act also provides some relief for employers with physical locations exclusively outside Colorado that have fewer than 15 Colorado-based employees working remotely. Through July 1, 2029, these employers will only be required to provide their Colorado employees notice of remote job opportunities.

To complement these changes to the existing notice provisions, the Act imposes a new (internal) notice requirement: employers must announce to existing employees each time they select a candidate for a job opportunity. Read more >>

January 27, 2023

Are Employers On The Hook for Hiring Interpreters for Job Candidates?

David Law

by David Law

Question: Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays?

Answer: Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in alternative formats, such as Braille, large print, or on audio- cassette. You should choose an accommodation that enables the candidate to participate fully in the interview process. Read more >>