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June 2014 Archives

How does the Federal Court interpret Colorado Law Regarding Marijuana Testing in the Workplace?

In a previous blog we discussed the case, Coats v. Dish Network, LLC, wherein the Colorado Court of Appeals held that Colorado's Lawful Off-Duty Activities Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana pursuant to a license issued under Colorado's Medical Marijuana Amendment 64. In that case, Mr. Coats was terminated after he tested positive for marijuana in violation of Dish Network's drug policy. Mr. Coats argued that his marijuana use was "lawful activity" because it was legal under state law. The trial dismissed Mr. Coats' claims, holding that medical marijuana was not a "lawful" activity because it was still federally illegal. The Court of Appeals affirmed the decision. The Colorado Supreme Court granted certiorari in January 2014 and the case is currently pending.

There is no requirement that employers extend medical leave

A federal court recently decided that denial of extended leave for an employee did not violate the federal Rehabilitation Act. The U.S. Court of Appeals for the 10th Circuit, which also hears cases originally tried in the District of Colorado, decided that an employer was not required to extend unpaid leave for an employee after the maximum paid leave period is exhausted. This ruling will likely often have implications concerning cases revolving around the American with Disabilities Act as well.

Ridesharing companies soon to come to Colorado

Colorado Governor John Hicklenlooper signed legislation that will allow ridesharing startups to operate in our state. The legislation known as the Transportation Network Company Act sets out a number of rules for which these startups must operate. This new law will make Colorado the first state to address ridesharing in its legislation.

Is a Federal Employee Required to Comply with Internal Deadlines Before Bringing a Civil Action?

Employees of the Federal Government have their own internal system and administrative review that must be completed before proceeding with litigation in the civil courts. This internal system includes stringent deadlines for notifying the EEOC of any discrimination or retaliation. The below case affirms that a federal employee must comply with internal deadlines or be unable to proceed with a claim of discrimination in Federal Court.

Seed funding used to jumpstart e-commerce business

Seed funding occurs when to encourage investment an investor ends up purchasing a portion of the business in return for the money it contributes. This seed money is generally needed in the very early stages of an organization when funds may in particular be in short supply.