News Briefs

The State Legislatures: What Has Happened – and Not Happened

By Jacqueline Talbot posted 8 days ago
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At Employers Council , we constantly monitor changes in the law at both the federal and state levels that could affect how our member s run their businesses . One way we do this is to closely monitor the state legislatures for our region when they are in session ...

A Practical Summary of the EEOC’s Shift in Litigation Authority

By Mark Decker posted 29 days ago
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The beginning of the second Trump administration has already brought visible changes in the federal employment law landscape. Many employers expected shifts in enforcement priorities, but one recent development is more than just a new headline. It is a structural change in how the Equal Employment Opportunity Commission ...

OFCCP Funding 2026: What's Changing and Why Contractors Should Pay Attention

By James Arroyo posted 02-26-2026
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A fter facing potential dissolution in 2025, t he Office of Federal Contract Compliance Programs (OFCCP) has secured funding for 2026 . This differs from the termination plans described in our January article ; to clarify , a brief review of key ...

EEOC Harassment Guidance Rescinded

By Desiree Sullivan posted 02-25-2026
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As of January 23, 2026, the U . S. Equal Employment Opportunity Commission (EEOC) voted to rescind its extensive “Enforcement Guidance on Harassment in the Workplac e ” . This guidance had been approved during the Biden Administration on April 29, 2024. This move to rescind comes ...

New Mexico Updates Leave Laws and Minimum Wage

By Edward Encinias posted 02-18-2026
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Two notable changes in New Mexico are an increase in minimum wage and the implementation of New Mexico’s Caregiver Leave Act notice provisions. The minimum wage for the State of New Mexico is set at $12.00 per hour for non-tipped employees and $3.00 per hour for tipped employees. Santa Fe County just announced the ...

California Pay Data Reporting Portal Is Open: Why Employers Should Start Preparing Now

By Brittanie Young posted 02-04-2026
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The California pay data reporting portal opened on February 2, 2026, giving covered employers an early opportunity to begin preparing their annual submissions. While reports are not due until May 13, 2026, experienced California employers know that this is not a process best left to the final weeks. The California Civil ...

Payroll 2026: Managing the Extra Pay Period Anomaly

By Mark Sikorski posted 01-28-2026
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If you pay employees on a weekly or bi-weekly basis, 2026 brings 27 (bi-weekly) or 53 (weekly) pay periods, one extra than is typical. Employers who issue monthly paychecks are not impacted by this anomaly. Note that the first and last 2026 pay dates are similar for employers who use weekly or bi-weekly pay periods. The ...

New NLRB Process Saves Employers Time and Money

By Curtis Graves posted 01-28-2026
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In the final days of 2025, acting National Labor Relations Board (NLRB or Board) Acting General Counsel William B. Cowen issued Memorandum GC 26-01, establishing a “New Agency Wide Docketing Protocol” for unfair labor practice charges under the National Labor Relations Act. Citing a backlog of cases due to the 43-day ...

The Office of the Federal Contract Compliance Programs (OFCCP) will likely be terminated. What then?

By James Arroyo posted 01-28-2026
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In January 2025, the Trump Administration rescinded Executive Order 11246 and issued Executive Order 14173, ending federal affirmative action requirements based on race, color, national origin, and sex, while maintaining affirmative action requirements for veterans and people with disabilities. The Administration explained ...

California's New Workplace Know Your Rights Notice Requirement: What Employers Must Do Now

By Mary Miller posted 01-21-2026
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California employment law continues to evolve, and one of the most pressing compliance obligations for employers in 2026 is implementing the requirements of the Workplace Know Your Rights Act (Senate Bill 294). This new law imposes a written notice requirement that every employer with California-based employees must meet ...

New 2026 Colorado Recordkeeping Requirements

By Jacqueline Talbot posted 01-21-2026
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With a new year comes new regulations that codify practices you may already be doing. Effective February 1, 2026, the Colorado Overtime Minimum Pay Standards “COMPS” regulations and new Youth Employment Standards “YES” rules suggest and require certain recordkeeping. COMPS Order #40 (7 CCR 1103-1) All covered ...

NLRB Regains Quorum After Year of Paralysis

By Curtis Graves posted 01-21-2026
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The National Labor Relations Board (“Board”) is operational again following the swearing-in of two new members on January 7, ending nearly a year without a quorum. Responsible for overseeing union elections and enforcing federal labor laws, the Board had been unable to fulfill its purpose since January 27, 2025, when ...

IMPORTANT UPDATE: IRS Delays Taxation of Colorado FAMLI Benefits

By Jacqueline Talbot posted 12-23-2025
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In November, we notified you of the Internal Revenue Service’s anticipated January 1, 2026, start date for taxing FAMLI benefits. The Colorado Department of Labor's FAMLI Division has since announced that the Internal Revenue Service is delaying implementation of these withholding and reporting requirements by one year ...

Trump’s Marijuana Reclassification: Implications for Colorado Employers

By Curtis Graves posted 12-19-2025
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On December 18, President Trump signed an executive order directing the reclassification of marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). Marijuana had been a Schedule I controlled substance since President Richard Nixon signed the CSA into law in 1970. While the executive ...

Massive Jury Verdict Illustrates Why Employers Must Take Appropriate Action Against Allegations

By Drew Hintze posted 12-17-2025
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In early December, a Colorado jury sent a resounding message to employers when it awarded $11.5 million to a former employee who sued the Society for Human Resource Management (SHRM) for race/color discrimination and retaliation. Mohamed v. SHRM involved a 34-year-old plaintiff, a high-performing, self-described “brown-skinned ...

New Contract Threshold Amounts Shake Up Affirmative Action Requirements

By James Arroyo posted 12-17-2025
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The Federal Acquisition Regulatory Council has authorized an increase to the jurisdictional thresholds for the individuals with disabilities and qualified covered veterans’ affirmative action programs for covered employers. These thresholds are associated with Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793) ...

A New Year in 2026: Considerations

By Jacqueline Talbot posted 12-10-2025
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With the beginning of 2026 comes a few changes in employment law. While the biggest change in Arizona and New Mexico is an increase to the minimum wage, in Colorado there are a few other changes besides the minimum wage. That is not to say there have not been changes during 2025, but that most have taken effect already ...

Why the Delayed Colorado AI Act Should be on Your Radar

By Mark Decker posted 12-03-2025
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When the Colorado AI Act was first passed, Governor Jared Polis signed it with the unusual caveat that the law would need to be amended before it went into effect in February 2026. Lawmakers anticipated that additional time would be necessary to refine definitions, clarify employer obligations, and address concerns from ...

How California’s Updated Pay Transparency and Pay Equity Requirements Impact Employers

By Brittanie Young posted 12-01-2025
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Stricter pay transparency and pay equity obligations are set to take effect for certain California employers beginning January 1, 2026. Under the California Fair Pay Act, both public and private employers are prohibited from paying an employee less than someone of a different sex, race, or ethnicity when both perform work ...

Employers Take Note: Remote Work May Be Difficult to Deny as an ADA Accommodation

By Erika Paulus posted 11-19-2025
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On August 13, 2025, a federal court in the District of Columbia (D.C.) issued a ruling in Smith v. District of Columbia that should make employers think twice before automatically denying remote work as an accommodation under the Americans with Disabilities Act (ADA). The Case: Ms. Smith, a Superior Court employee, ...