C-Level Law

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

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. 

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

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.

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. 

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. 

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.

What should an employer do when an employee asks to bring an animal to work in connection with a health issue? The answer depends in part on whether the animal is a service animal or an emotional support animal (sometimes called a “comfort animal” or “companion animal”). 

On August 7, 2023, the “POWR” Act will go into effect. As discussed in a previous blog post, this new law will change the law of workplace discrimination and harassment in many ways. In some cases, the implications will not be clear until Colorado courts issue opinions construing POWR’s provisions. However, it is clear that it will be very difficult to have a non-disparagement, non-disclosure, or confidentiality agreements in separation agreements and employment settlement agreements in Colorado. 

Under Title VII of the Civil Rights Act of 1964, the primary federal employment discrimination law in the United States, employers are required to make reasonable accommodations for religious practices. For example, in 2015, the Supreme Court held that Abercrombie & Fitch was required to allow a Muslim employee to wear a headscarf while working.