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On June 17, 2021, attorneys Adam O’Brien, Paul Dinkelmeyer, and Christopher Unger achieved summary judgment in three consolidated cases for Auto-Owners Insurance Company. In U.S. District Court for the District of Colorado, Judge William J. Martinez granted Auto-Owners’ Motion for Summary Judgment dismissing all claims in all three consolidated cases: Ma, et al. v. Auto-Owners Insurance […]

Use It or Lose It Vacation Policies Are Void.

The Colorado Supreme Court decided Nieto v. Clark’s Market on June 14, 2021. The Court found that earned and determinable vacation pay cannot be forfeited. Vacation or PTO time is considered wages under the Colorado Wage Claim Act and must be paid upon the employee’s separation from employment. This presents some tricky questions for employers. […]

Mark Neider moderated a virtual presentation

On February 23, 2021, Mark Neider moderated a virtual presentation sponsored by the Colorado School Districts Self Insurance Pool entitled “Avoiding Pitfalls Before, During, & After Construction Projects.” This first module focused on the preconstruction phase of a school construction or remodel project and the vehicles used to manage risks during that phase of the […]

Cathy Havener Greer was interviewed by Law Week Colorado

Cathy Havener Greer was interviewed by Law Week Colorado in November 2020 and discussed the challenges and opportunities facing employers in Colorado in the wake of the COVID-19 pandemic. Despite changes to the litigation landscape, the firm’s employment team remains busy both defending employers in litigation and in counseling employers about the many recent updates […]

In Department of Corrections v. Stiles, 2020 CO 90, announced on December 21, 2020, the Colorado Supreme Court clarified the standard of review applicable to an ALJ’s evaluation of a state entity’s employee disciplinary decision.  The Court’s syllabus of the decision provides: “After a certified state employee’s random urinalysis tested positive for marijuana, he was […]

The Colorado Supreme Court announced its opinion on December 21, 2020, in a long-anticipated case involving the interplay between the Colorado Anti-Discrimination Act (CADA), section 24-34-405, C.R.S. (2020) and the Colorado Governmental Immunity Act (CGIA), section 24-10-106, C.R.S. (2020) in Elder v. Williams, 2020 CO 88. The syllabus to the court’s 4-3 opinion states: “This […]

December 9, 2020 from 12:30 – 2:30 pm MST Building consulting expert Jake Mello of J.S. Held and attorney Mark Neider of Wells Anderson Race will present a two-hour* ethics seminar, which highlights: Commonalities of Famous & Infamous Ethics Failures The Top Three Tips to Help Avoid Ethical Failures A Detailed Football Analogy on Ethical […]

In its recent per curiam decision in Taylor v. Riojas, 592 U.S. ____, 208 L. Ed. 2d 164 (2020), the Supreme Court reversed a Fifth Circuit’s decision to grant qualified immunity to corrections officers who allegedly confined the plaintiff in unsanitary conditions for six days. This decision is a rare Supreme Court reversal of a […]

Mark Neider recently published an article in the CLM Construction Fall Edition regarding avoiding gas explosions on construction sites.  Mark’s article is available here: https://online.pubhtml5.com/adfn/ntsu/#p=6.

The U.S. Supreme Court’s ruling in Little Sisters of the Poor v. Pennsylvania, et al. (19-431) is a victory for employers with religious or moral objections to the Affordable Care Act’s contraception coverage mandate. On its face, this decision extends protections the Court afforded employers in Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 […]

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