Christopher J. Eby

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Christopher Eby focuses his practice on employment litigation and counseling. Chris has represented employers before federal and state courts and agencies in a variety of employment matters including Title VII discrimination and harassment claims, FLSA and other wage actions, claims brought under the ADA and FMLA, and non-compete and trade secret enforcement. In addition, he advises clients on employment issues including policy interpretations, compliance issues, employee discipline, and employee termination. Chris also assists employers in drafting policies, handbooks, and employment agreements.

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Department of Labor Issues FFCRA Guidance, Poster

By Christopher J. Eby on Posted in Labor Relations, Medical & Other Leaves, Wage & Hour
A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24 establishes an April 1, 2020 effective date and explains how to calculate the 500-employee threshold and hours used to determine employees’ leave entitlement. A … Continue Reading

NLRB Clarifies Standard for Reviewing Workplace Policies, Finds Confidentiality and Media Contact Policies Lawful

By Christopher J. Eby on Posted in Employee Handbooks & Policies, Labor Relations
Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client and vendor information and contact with the media. The Board’s decision provides additional guidance about their new, employer-friendly standard of review. Section 7 of the … Continue Reading

Employers Beware: Wage Theft Soon to be a Felony in Colorado and Minnesota

By Christopher J. Eby on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
Recent legislation in Colorado and Minnesota imposes harsh criminal penalties—including potential felony convictions—for the failure to pay wages.  To limit their exposure under these strict new laws, employers with operations in either state should familiarize themselves with these upcoming changes. Colorado Increases Criminal Penalties under the Wage Claim Act On May 16, 2019, Colorado Governor … Continue Reading

National Labor Relations Board Continues Trend of Employer-Friendly Actions

By Christopher J. Eby on Posted in Labor Relations
The National Labor Relations Board’s (NLRB) recent decision significantly revising the independent contractor standard will allow more workers to be so classified and therefore unable to unionize. This decision continues the Board’s growing trend towards employer-friendly positions and scaling back Obama-era developments. In other action this winter, the Board has proposed rulemaking modifying the joint … Continue Reading

Avoiding Age Discrimination Claims During Succession Planning

By Christopher J. Eby on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation
As “baby boomers” come of retirement age, employers may find themselves between a rock and a hard place: they can either ask employees about their retirement plans and risk being accused of age discrimination, or they can avoid those conversations and risk being woefully underprepared for the retirements of key employees. When done right, succession … Continue Reading

DOL Eases Standards for Unpaid Internships

By Christopher J. Eby on Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention
With summer internships in full swing, it’s high time to revisit the Department of Labor’s recently-revised guidance on unpaid internships.  Guidelines issued in January abandoned the Department’s prior test – which required employers to meet each of six factors — in favor of a seven-factor test granting employers more flexibility to implement unpaid internship programs. … Continue Reading
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