C-Level Law

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).

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. 

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.  

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.