Employer is making claim that since we work in school district we are exempt from the breaks portion of COMPS order 38.
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answered on Sep 5, 2023
COMPS Order 38 required employers to provide specific meal and rest breaks to employees, including hourly employees. However, certain exemptions and exceptions could apply depending on the nature of the work and the employer.
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answered on Aug 29, 2023
In Colorado, if you have been approved for Family and Medical Leave Act (FMLA) leave, your employer generally cannot discriminate against you or treat you unfavorably because of your FMLA status. However, the specifics of your situation may depend on a variety of factors, including the nature of... View More 
My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More
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answered on Aug 16, 2023
1st of all you should get an attorney.
2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can... View More
An employee I supported was subjected to unlawful bullying and discrimination because she is Christian. I refused to participate in this behavior and verbally disagreed. I was issued a final written action notice and then terminated for no factual reason.
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answered on Jul 26, 2023
If you believe you were terminated in retaliation for speaking out against bullying and discrimination, you may have grounds for a wrongful termination claim. It's essential to consult with an employment attorney to evaluate the specific details of your case and determine if you have a valid claim.
answered on Jul 26, 2023
You are confounding terms. An employer employs an employee. There are various laws and regulations that pertain to that relationship. A hirer hires an independent contractor. Different laws and regulations pertain to that relationship.
If you are an independent contractor, the terms of... View More
This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?
answered on Jun 9, 2023
The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and... View More
answered on May 24, 2023
Both Federal and State laws require employers to withhold taxes, including both your income withholding and the employee's portion of employment taxes (SS, UI, etc) and pay those taxes to the proper taxing agency, whether Federal or State. You need to discuss your situation with either an... View More
The restaraunt keeps all the money and cooks see nothing...is that legal
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answered on Apr 21, 2023
I don't how this would play from an employment law aspect but I smell a potential tort lawsuit for the consumers if that is indeed true.
And I feel the collection process was that incorrectly we were the first into the office that morning and I was the first person to give a sample and there were probably eight people that went after me after I was done with my sample I left to smoke a cigarette and was outside across the street... View More
answered on May 7, 2023
A Colorado attorney could advise best, but your question remains open for four weeks. Based on the details, it isn't clear what the consequences of the urine sample mix-up were. If it is something involving termination or suspension, then it's something that an employment attorney is... View More
I was in a car accident just before I was scheduled to start a new job. The insurance adjuster for the at-fault party is saying they do not owe lost wages due to it not resulting in job loss. Is this accurate?
answered on Apr 3, 2023
It depends. Yes, those are often recoverable damages. The goal of personal injury law is to make the injured party "whole." In many if not most situations, that includes lost wages. But the particular facts of each case or claim require attention. You may want to call an attorney to... View More
Is that legal?
answered on Mar 15, 2023
When does the March 15th payroll close?
If is closes on the last or first of the month you wouldn't have any earnings in the payroll period.
If it ends later, say the 10th, then you sold have a check on the 15th.
That should be covered in your employee manual.... View More
I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More
answered on Mar 15, 2023
If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More
I won't be in their payroll
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answered on Feb 19, 2023
Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa.... View More
My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.
answered on Jan 10, 2023
You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.
I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... View More
answered on Nov 26, 2022
A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company.... View More
I was told I was legally exempt from overtime pay in Colorado. I am an hourly employee that was employed by a small agency.
answered on Oct 26, 2022
Some direct support workers who provide in-home services to clients are “exempt” from the FLSA’s minimum wage and overtime laws, meaning their employer need not adhere to the FLSA’s minimum wage and overtime laws. This is called the “companionship exemption,” and it applies to workers... View More
Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More
answered on Oct 23, 2022
Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.
In general, the IRS publishes a few resources to help businesses classify... View More
I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... View More
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answered on Aug 26, 2022
It may be illegal. I would recommend you contact an attorney.
In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The... View More
my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues
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answered on Apr 8, 2022
Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.
I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.
answered on Mar 10, 2022
Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... View More
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