Preface

• Publication year: 2000
• Pages: 5
• Citation: Vol. 29 No. 10 Pg. 5

29 Colo.Law. 5 Colorado Lawyer 2000.

2000, October, Pg. 5. Preface

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5

Vol. 29, No. 10, Pg. 5

The Colorado Lawyer
October 2000
Vol. 29, No. 10 [Page 5]

Hot Topics In Employment Law

Preface
by John M. Husband, David H. Stacy

Explosive growth in the labor and employment areas of practice has affected Colorado attorneys not only as professionals but as employers as well. This issue of The Colorado Lawyer focuses on several hot topics in employment law, featuring articles of interest to both lawyer-practitioners and employers. These articles are described briefly below

John M. Husband, David H. Stacy

Co-Editors

We are all faced with the advent of and adjustment to new technology. This is particularly true in the workplace. When this technology intersects with rules and regulations established in a blue-collar industrial environment, the results are not always predictable. In his article dealing with the impact of employer rules limiting employee e-mail and Internet use, Michael Josserand examines how the National Labor Relations Board may review these issues in the context of union organizational activities. The second article authored by Andy Low, discusses whether and to what extent employers may monitor the electronic and voicemail communications of its employees. Low’s analysis includes consideration of both the federal Electronic Communications Privacy Act and the common law on this issue

Kristina James and Todd McNamara examine the validity of Equal Employment Opportunity Commission ("EEOC") procedures regarding timely issuance of notices of right to sue. The authors provide a detailed analysis of a recent decision that impacts the EEOC’s practice of issuing notices of right to sue to employees prior to the expiration of the 180-day statutory period for EEOC investigation and conciliation. In a departure from prior circuit court decisions on the issue, the D.C. Circuit held that the early termination of the EEOC’s investigatory process, and the regulation authorizing it, directly contradict Title VII’s express direction to the EEOC to investigate all charges. The authors analyze the applicable case law and regulatory framework on this issue and provide valuable practical advice to attorneys who handle employment discrimination cases.

The important issue of a discharged employee’s duty to mitigate economic losses in employment cases...