On May 9, 2011, the U.S. Department of Labor issued a news release announcing the launch of its first application for smartphones – a timesheet to help employees independently track the hours they work and determine the wages they are owed. The App, called “DOL – Timesheet,” is available to download for free

Jennifer L. Gokenbach
Jennifer L. Gokenbach is the founder and principal attorney of Gokenbach Law LLC, a woman-owned management-side labor and employment defense firm in Denver, Colorado. Gokenbach Law is the exclusive Colorado firm for Worklaw® Network, an international network of boutique law firms who practice labor and employment law on behalf of employers with offices in 34 offices in 27 states and in Australia, Canada, China, Europe, India, and Mexico.
The Affordable Care Act: Something to Think About While Waiting for the Courts of Appeals to Decide the “Individual Mandate” Issue
As the first anniversary of the Patient Protection and Affordable Care Act approaches (it was signed into law March 23, 2010), 5 district courts across the nation have addressed the constitutionality of this controversial piece of legislation (U.S. District Court, Northern District of Florida (PDF); U.S. District Court, Eastern District of Michigan (PDF)…
U.S. Supreme Court Throws Curve Balls At Employers
Opening day for the Colorado Rockies at Coors Field is Friday, April 1, 2011. It is a day of excitement, anticipation, feigned illnesses, and sell out crowds. Not only does baseball season start on a Friday this year (it has been Mondays since 1905), but it also falls on April Fools Day. Given these oddities…
Tenth Circuit: State vs. Federal Right to Sue Notices
Colorado, like many other states, has both a state employment discrimination agency, the Colorado Civil Rights Division (CCRD), and the federal Equal Employment Opportunity Commission (EEOC). The state and federal agencies have a worksharing agreement in place that authorizes shared responsibilities in reviewing and investigating charges of discrimination. Practically speaking, this means that an…
It’s a Snow Day! Dealing with Inclement Weather and the Proper Payment of Wages
I have received quite a few requests for inclement weather policies of late, and since the topic of “snow days” frequently arises this time of year, I wanted to provide some (hopefully) useful information for employers. The question of whether an employer is obligated to pay employees for “snow days” depends largely on two questions:
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Is the
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Word On the Street: Final ADAAA Regs Approved By EEOC
HR.BLR.com reported today that the Equal Employment Opportunity Commission (EEOC) has privately approved its final draft regulations under the ADA Amendments Act (ADAAA). So, where does that leave us? First, the Office of Management and Budget (OMB), a federal agency that must clear rules and regulations before they are published, will have 90 days to review the final…
Newsworthy Events This First Monday of 2011
Happy New Year! I know I am more than happy to say goodbye to 2010, am looking forward to all the possibilities of 2011, and hope that anyone taking the time to read my blog is also off to a good start this new year.
On this First Monday of 2011, Colorado employers take note:
- The new
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Paycheck Fairness Act Fails 58-41 In the Senate
On November 17, 2010, the Cloture Motion to proceed with the Paycheck Fairness Act in the Senate failed 58-41. In other words, a petition for cloture (or, a request to proceed with limited debate on the legislation) was before the Senate regarding the Paycheck Fairness Act. To proceed, a petition for cloture requires a 2/3 majority, or…
Discretionary Standard Applies To Prevailing Employer Attorney Fees Under Colorado Wage Act
On October 28, 2010, in Carruthers v. Carrier Access Corporation, the Colorado Court of Appeals affirmed a district court’s discretionary award of attorney fees in favor of a prevailing employer in a Colorado Wage Act case. This is a significant ruling interpreting the 2007 amendments to the Colorado Wage Act, C.R.S. 8-4-101 et seq. …
Patience Is A Virtue With Workplace Investigations
Earlier this year, the Obama Administration was heavily criticized for its rush to judgment against Shirley Sherrod, the then-Secretary of Agriculture. After allegations of racist remarks at an NAACP meeting in Georgia, the Administration demanded her immediate resignation. Only problem — the video showing the alleged racist statements had been edited. If only the decisionmakers had paused, took…