C-Level Law

Most employers are well aware that discrimination based on race, religion, gender, disability, age, and other “protected classes” is illegal and that employers can be liable for significant damages, including punitive damages and attorneys’ fees. However, can an employee sue their employer and supervisors personally for discrimination?

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.

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.

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. 

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

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

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.

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

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.

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

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.

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).