The Families First Coronavirus Response Act (FFCRA) required employers to provide paid sick leave and expanded family and medical leave for reasons related to COVID-19. That mandate.
The Docket: Real estate lawsuit roundup for 2.11.21
Pipe X, LLC v. Park North Townhouse Corp.
Plaintiff says it provided labor, materials and supplies to defendant, and defendant has failed to pay the principal balance due of $456,696.
Attorneys: Terry Ehrlich and Alanna Boswell of Arnold & Arnold
Filed: 2/4/2021
KB Home Colorado, Inc. v. Excell Fund LLC
Plaintiff says per an agreement it installed roadway, asphalt and utility lines on the Senior Center Property, completing the project in December 2019, but defendant has failed to pay any portion of the $371,503.17 due.
Attorneys: Marisa C. Ala of The Ala Firm
Filed: 2/3/2021
Denver County District Court
Sherman & Howard
Jessica Arett is an associate in the firm’s Litigation practice group. Through the use of strategic thinking, she turns complex situations into a resolution. Jessica’s decisions within her practice are guided by the best interest of the client as well as the integrity of the profession. She assists her clients in every stage of the case in order to achieve a desirable outcome. Jessica is certified through the IAPP (U.S.) as an Information Privacy Professional. Prior to joining Sherman & Howard, Jessica worked as a law clerk for Justice Richard Gabriel of the Colorado Supreme Court.
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On January 26, 2020, the Department of Labor’s (DOL) Wage and Hour Division withdrew three Opinion Letters released the week prior to Biden’s inauguration, including FLSA 2021-4 (
discussed in the blog post here). The three Opinion Letters provided a roadmap for businesses that were either classifying certain workers as independent contractors or seeking to expand tip pooling practices to cover more employees. At least for now, that roadmap cannot be used. The DOL’s Wage and Hour Division explained that the now revoked Letters “were issued prematurely because they are based on rules that have not gone into effect.” As the Letters are now revoked, the DOL is taking the position that employers cannot rely on the Letters in defense of any pay practices they may seek to implement and/or defend.
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A White House Memorandum effecting a freeze on non-emergency rules and regulations pending review by the new administration includes a halt to the independent contractor classification changes set to go into effect March 8, 2021. As it relates to this rule (a Final Rule published in the Federal Register that has not taken effect), the Memorandum requests postponing the effective date for 60 days from the date of the January 20, 2021, Memorandum, with further delay considered for additional review and comment periods.
The classification changes were introduced in a Final Rule to clarify and streamline the analysis for the first time under federal law to determine employee or independent contractor status by focusing the test on two “core factors” instead of the lengthy six-factor “economic realities” test. The new administration will review the Final Rule and likely issue its own proposed rule reflecting its st