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. 

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

By: Colin A. Walker and Adrian P. Castro

April 24, 2024

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) voted 3-2 to implement a final rule that will ban almost all current noncompete agreements and all future noncompete agreements.  

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

By: Colin A. Walker

April 17, 2024

On April 17, 2024, the United States Supreme Court issued an opinion holding that a mandatory job transfer can be discriminatory under Title VII of the Civil Rights Act of 1964, the primary federal employment anti-discrimination law, even if the transfer does not reduce pay or benefits. 

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

By: Colin A. Walker and Josh I. Berry

April 10, 2024

CDC Changes COVID Guidance

By: Colin A. Walker

March 11, 2024

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

By: Colin A. Walker

February 29, 2024

In many states, employees have a right to review their personnel files. In other states, they do not. Where does Colorado stand?

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

By: Adrian P. Castro

January 30, 2024

With the change of a Presidential administration, there are always changes in policies. This is particularly so when the change involves a different political party and especially in the present contentious environment. 

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

By: Colin A. Walker

January 3, 2024

On January 1, 2024, Colorado’s new family and medical leave law, known as “FAMLI,” went into effect.

Colorado Department of Labor and Employment Proposes New Rules

By: Colin A. Walker

October 5, 2023

In the 2023 Colorado legislative session, the Colorado Legislature passed, and the Governor signed, a number of new workplace laws. In addition, a number of existing laws were amended in significant ways. On September 30, 2023, the Colorado Department of Labor and Employment (CDLE) proposed changes to several rules to address the statutory changes.

Employment Law Implications of SCOTUS Affirmative Action Decision

By: Colin A. Walker

September 20, 2023

As discussed in a previous blog post, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the U.S. Supreme Court held that admissions programs at Harvard and the University of North Carolina were unlawful because they considered race in making admissions decisions. While this case applied to college admissions, it did not take long for the impact to be felt in the realm of employment law. 

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

By: Colin A. Walker

September 7, 2023

On August 30, 2023, the U.S. Department of Labor proposed a rule which would increase the federal salary threshold for exempt workers from $35,568 to $55,068 annually. The law will not become effective until and unless it proceeds through the federal rulemaking process. However, the proposed rule is the first step in that process. 

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

By: Adrian P. Castro

August 23, 2023

Covenants not to compete and other restrictive covenants can be enforceable under some circumstance, as discussed in previous posts on this blog. But, what happens if the employer fails to live up to its contractual obligations to employee? In this post, Adrian Castro discusses a recent Colorado case that sheds light on the subject.