Colorado Law Requires Employers to Keep Repository of Discrimination Complaints

By: Colin A. Walker

October 2, 2024

As discussed in a previous blog post, the Protecting Opportunities and Workers’ Rights Act (“POWR”) went into effect in August of 2023. The law contains several distinct provisions, including significantly changed the standards for harassment under Colorado law and limitation on non-disclosure agreements which limit an employee’s ability to disclose unfair employment practices.

Which State’s Law Applies to Employees Working Temporarily Outside of the State of their Residence?

By: Colin A. Walker

September 11, 2024

Remote work has become commonplace, especially since the COVID pandemic. If the employee is working in another state permanently, the employment will be subject to the laws of the employee’s residence.

Federal Court Strikes Down FTC Rule Banning Non-Compete Agreements

By: Colin A. Walker

On August 20, 2024, the United States District Court for the Northern District of Texas issued an order setting aside the FTC’s rule prohibiting non-compete agreements, which was scheduled to go into effect on September 4, 2024. 

What Should An Employer Do When An Employee is Impaired At Work?

By: Colin A. Walker

August 6, 2024

In this week's video blog, Colin Walker is joined by Mark Ashby from Lead Impairment Training to discuss substance abuse in the workplace.

Court Stays FTC Non-Compete Rule – Only as to the Plaintiffs before the Court

By: Colin A. Walker

July 17, 2024

As discussed in previous blog posts, the FTC has proposed a new rule, which would invalidate most non-compete agreements.

U.S. Supreme Court Decision Leaves Agency Rulemaking Vulnerable to Lawsuits Challenging Agency’s Authority

By: Colin A. Walker and Danielle R. Bettencourt

July 10, 2024

In a highly anticipated Supreme Court decision, Loper Bright Enterprises v. Raimondo, the Court overruled its longstanding Chevron, U.S.A. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), holding that had previously directed courts to defer to an agency’s interpretation of the law when a statute was ambiguous.

Lawsuit Challenging FTC Rule Banning Non-Compete Agreements May Delay Implementation of Rule

By: Colin A. Walker

June 24, 2024

The U.S. Chamber of Commerce and others have filed a lawsuit challenging the FTC’s recent rule banning non-compete agreements.

Colorado Amends Non-Compete Law Regarding Training Repayment Agreement Provisions (TRAPS)

By: Colin A. Walker

June 3, 2024

On May 31, 2024, Colorado Governor Jared Polis signed House Bill 24-1324, “Attorney General Restrictive Employment Agreements.” The bill strengthens the protections for employees who sign agreements requiring them to repay the employer for training expenses, increasing the penalties for such agreements which violate the law and giving the Attorney General broad regulatory and enforcement authority.

Colorado Governor Vetoes Bill Prohibiting Employers from Requiring Attendance at Meetings Involving Politics or Religion

By: Colin A. Walker

May 30, 2024

On May 17, 2024, Colorado Governor Jared Polis vetoed House Bill 24-1260, “Prohibition Against Employee Discipline.” 

Colorado Enacts Artificial Intelligence Law

By: Colin A. Walker and J. Mark Smith

May 28, 2024

Artificial Intelligence (“AI”) is rapidly becoming an important part of everyday life, especially in business. While it can be very useful, AI does pose certain risks. Legislatures across the country have been considering legislation to regulate AI.

Colorado Governor Vetoes Construction Industry Wage Claim Bill

By: Colin A. Walker

May 21, 2024

On May 17, 2024, Colorado Governor Jared Polis vetoed House Bill 24-1008, “Wage Claims Construction Industry Contractors.”  The bill applied only to the construction industry and went far beyond the usual remedies for failure to pay wages (such as penalizing employers who fail to pay their employees and awarding prevailing employees their attorneys’ fees).

EEOC Issues Pregnant Workers Fairness Act Regulations

By: Colin A. Walker

May 8, 2024

The Pregnant Workers Fairness Act (PWFA), which became law in June of 2023, requires employers with 15 or more employees to make reasonable accommodations for pregnancy, childbirth, and related medical conditions unless the accommodations impose an undue hardship on the employer. 

Additional Posts

U.S. Supreme Court Decision Leaves Agency Rulemaking Vulnerable to Lawsuits Challenging Agency’s Authority

Lawsuit Challenging FTC Rule Banning Non-Compete Agreements May Delay Implementation of Rule

Colorado Amends Non-Compete Law Regarding Training Repayment Agreement Provisions (TRAPS)

Colorado Governor Vetoes Bill Prohibiting Employers from Requiring Attendance at Meetings Involving Politics or Religion

Colorado Enacts Artificial Intelligence Law

Colorado Governor Vetoes Construction Industry Wage Claim Bill

EEOC Issues Pregnant Workers Fairness Act Regulations

FTC Bans Almost All Employee Noncompete Agreements: But Will the Rule Stick?

U.S. Supreme Court Holds that Job Transfer Can Be Discriminatory, Even if it Does Not Affect Pay or Benefits

Can an Employee Keep Copies of Documents as Evidence of Claims Against an Employer?

CDC Changes COVID Guidance

Does an Employer Have to Allow Employees to Review their Personnel Files?

In with the Old: Department of Labor Reinstates Prior Independent Contractor Classification: Employers Beware!

Colorado’s New Family and Medical Leave Law Goes into Effect

Colorado Department of Labor and Employment Proposes New Rules

Employment Law Implications of SCOTUS Affirmative Action Decision

U.S. Department of Labor Proposes Rule Increasing Salary Threshold for Exempt Workers

Fail to Honor Your Obligations and Lose the Right to Enforce Restrictive Covenants

Service Animals and Emotional Support Animals in the Workplace

New Colorado Law Prohibits Non-Disparagement and Non-Disclosure Agreements which Prohibit Disclosure of Unfair Employment Practices

Supreme Court Changes Standard for Religious Accommodation

Supreme Court Strikes Down College Admissions Programs which Give Preference Based on Race

The History of Laws Protecting LGBTQIA+ Workers from Discrimination and Harassment in the Workplace in Colorado

Are No-poach Agreements Legal?

Colorado Legislature Passes Amendments to Equal Pay for Equal Work Act

The End of COVID Public Health Emergency Leave

Colorado Legislature Passes Significant Changes to Workplace Harassment Laws

When Does Colorado's New Law on Covenants Not to Compete Require Written Notice?

NLRB Ruling Holds Confidentiality and Non-Disparagement Clauses Violated National Labor Relations Act

Fair Workweek Bill Fails in Colorado Legislature

POWR Bill Introduced in Colorado Senate

Supreme Court Confirms Strict Compliance Required to Exempt Highly Compensated Employees From Overtime Regulations

Denver Enacts New Wage Theft Ordinance

FTC Proposes Rule Banning Non-Compete Agreements for All Employees

Public Health Emergency Leave Expanded to Include Flu and other Respiratory Illnesses

Supreme Court Hears Affirmative Action Cases

Changing Times Creates Employment Law Minefield: Summary on Recent and Upcoming Changes to Employment Law

U.S. Department of Labor Proposes New Rule Regarding Independent Contractors

Criminal Issues in the Workplace

New Employment Laws Go Into Effect August 10, 2022

Lobbying and Employment Law

New Law Requires Notice of Reason for Termination

Is Hair a Protected Class?

2022 Colorado Legislative Session Brings Big Changes to Employment Law

Forced Arbitration Injustice Repeal Act (“FAIR Act”)

Does Your Company Need a Privacy Policy?

IT Forensics: Technology Security Issues That Employers Should Keep Top of Mind

“Sticks and stones can break my bones, but names can never hurt me…” Should Non-Disparagement Provisions be Included in Employment Agreements?

United States Women’s National Soccer Team Secures Historic $24 Million Equal Pay Settlement

Senate Passes Landmark Bill Ending Forced Arbitration of Workplace Sexual Harassment and Assault Claims

Can You Provide Different Benefits to Different Employees?

Happy New Year: Ready or Not, Here Comes 2022!

Senate Bill SB 21-217

Sixth Circuit to Preside Over Challenge to OSHA Vaccine Mandate

Court of Appeals Issues Temporary Stay of OSHA Vaccine Mandate

Navigating A Patchwork of Employment Laws: An HR Perspective

How A Recently Overturned Colorado Supreme Court Law Affects Employers

Dealing with A Patchwork of Employment Laws: Colorado Checklist 

Employment Law for Boards of Directors

Terminations

Recap of Employment Law in the 2021 Colorado Legislative Session

HR and Employment Law Considerations for Returning to Work After COVID-19

Litigation

Tips for a Successful Partnership with Your Employment Lawyer

Employment Law for Start-Ups

Can Employers Force Employees to Return to the Workplace?

Separation Agreements

Bill Introduced in Colorado Legislature Would Substantially Expand Employment Discrimination Law

Considerations for Departing Executives

Measures to Reduce Risk upon Separation

Colorado Statute Limits Use of Employee’s Personal Social Media Accounts for Business Purposes

Traps for the Unwary Executive or Founder When Offering Securities

Tax Considerations with Severance Pay: Section 409A

New Colorado Requirements for Job Postings Outside of an Employer's Organization

Termination of the Employment Relationship

Employment Law Changes To Expect Under the Biden Administration

Attorneys’ Fees Provisions

Golden Parachute or Golden Handcuffs?

CDLE Invokes Public Health Emergency Provisions of Healthy Families and Workplaces Act for 2021

Arbitration Agreements

Choice of Law and Venue

Newsflash: Pay Equity Law Goes Into Effect

Intellectual Property

I’ve been offered stock options. What should I do before I accept them?

Paid Family Leave Ballot Initiative Passes in Colorado

Issuing Stock Options

Garden Leave

Non-Compete/Non-Solicitation Agreements

Employment Agreements

Newsflash: State Paid Leave Legislation

Independent Contractors

Duty of Loyalty

Commissions and Non-Discretionary Bonuses

Deferred Compensation