Melissa L. Cizmorris

Melissa Cizmorris focuses her practice on employment litigation and counseling. Melissa has litigated in state and federal courts throughout Colorado, Kansas, New York, and New Jersey and represents employers in a variety of labor and employment matters involving 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. Melissa also advises human capital and human resources outsourcing companies such as professional employer organizations (PEOs).

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Broad Vaccine Mandates Ahead

By Melissa L. Cizmorris, Elizabeth F. Hodge and Lillian Chaves Moon on September 14, 2021 Posted in Employment Counseling & Workplace Claims Prevention, Workplace Safety & OSHA

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong COVID-19 Action Plan (the “Plan”) announced September 9, 2021. The Plan also includes vaccination requirements for employees of healthcare … Continue Reading

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

By Brian Nugent and Melissa L. Cizmorris on August 25, 2021 Posted in Employee Handbooks & Policies, Wage & Hour

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that although the Colorado Wage Claim Act (CWCA) does not require employers to provide employees with vacation pay, if the … Continue Reading

Paid Leave and Payroll Tax Credits Under the American Rescue Plan

By Melissa L. Cizmorris on March 25, 2021 Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

Employers wading through the $1.9 trillion American Rescue Plan Act may be wondering how it impacts paid leave and payroll tax credits made available under the Families First Coronavirus Response Act (FFCRA), enacted back in March 2020. Here’s the scoop:… Continue Reading

What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations

By Melissa L. Cizmorris, Rukayat Salaam and Nancy Sotomayor on December 9, 2020 Posted in Employment Counseling & Workplace Claims Prevention, Workplace Safety & OSHA

Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations, adopted by CAL/OSHA on November 30, 2020 are immediately effective. Here is what employers need to know now to protect their businesses … Continue Reading

New Obligations for Colorado Employers

By Melissa L. Cizmorris, Adrienne Scheffey and Brian Nugent on November 16, 2020 Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Medical & Other Leaves, Wage & Hour

Two new statutes affecting all employers operating in Colorado, the Equal Pay for Equal Work Act (EPEWA) and paid sick leave through Colorado’s Healthy Families and Workplaces Act, will add to the compliance burden of all employers operating in Colorado effective January 1, 2021. The impact of each new law on employers is discussed below.… Continue Reading

Time to Update (or Implement!) Your COVID-19 Safety Plan

By Melissa L. Cizmorris on July 27, 2020 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves, Workplace Safety & OSHA

Do you have a COVID-19 Safety Plan in place? If not, you had best get started. The U.S. Centers for Disease Control (CDC) and the Occupational Safety and Health Administration (OSHA) have recommended having such a plan since the beginning of the pandemic, and have recently updated their guidance to spell out exactly what such … Continue Reading

Cracking Down on Employers Misclassifying Employees as Independent Contractors

By Brian Nugent and Melissa L. Cizmorris on March 30, 2020 Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour

New Jersey has joined California and New York City by adding significant new penalties and requirements on employers doing business in the Garden State, including new penalties for misclassifying workers as independent contractors and new posting requirements effective April 1, 2020. Illinois, New York, Oregon, Washington, Wisconsin, and Florida considered various forms of legislation on … Continue Reading

Rocky Mountain Employers: Brace for Sweeping Changes to Compensation and Minimum Wage Laws

By Brian Nugent and Melissa L. Cizmorris on March 19, 2020 Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour

Employers operating in the Rocky Mountain region need to pay close attention to the 2020 Administrative Order issued by the Colorado Department of Labor and Employment (CDLE) mandating broad changes to employee compensation and rights. It is different than similar orders issued previously, and makes significant changes to wage and hour laws in Colorado. CDLE … Continue Reading

Department of Labor Final Rule Increases Salary Threshold for Exempt Employees

By Melissa L. Cizmorris on September 30, 2019 Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention, Wage & Hour

The U.S. Department of Labor (DOL) issued its long-awaited Final Rule stating that all employees who make less than $684 a week, or $35,568 per year, must earn overtime pay. This new requirement replaces the current threshold of $465 per week, or $23,660 per year, set in 2004. This increase in the standard salary level … Continue Reading