June 9, 2009
By Tobie Hazard
Governor Bill Ritter (D) signed on June 1 H.B 1057, the Parental Involvement in K-12 Education Act, which requires employers of 50 or more employees to grant leave to employees to attend their children’s academic activities. The new law takes effect August 4, 2009.
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On June 2, Governor Bill Ritter signed into law HB 1310, which provides significant penalties for misclassifying individuals as independent contractors. For willful violations, a business may be fined up to $5,000 per misclassified employee for the first offense, and up to $25,000 per misclassification for subsequent violations. This new law only adds to the existing misclassification pitfalls, including potential fines, penalties and liability associated with failure to pay appropriate payroll taxes, minimum wage or overtime, and benefits. Such penalties add up quickly if a large number of individuals were misclassified.
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By Brad Williams
The Tenth U.S. Circuit Court of Appeals recently affirmed a lower court’s rejection of a job applicant’s discriminatory hiring claim. In so doing, the Court provided guidance on how employers may select the best applicant for a job, without simultaneously inviting a lawsuit.
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