C-Level Law

On January 5, 2023, the FTC published a proposed notice of rulemaking that seeks to classify almost all non-compete and some non-disclosure agreements as unenforceable forms of unfair competition. While Colorado non-compete laws were recently revised to make it more difficult to enforce non-compete agreements, this new rule would have the effect of rendering the vast majority of Colorado non-compete agreements unenforceable.

Public Health Emergency Leave (PHE) under the Colorado Healthy Families and Workplaces Act (HFWA) now applies to flu and other respiratory illnesses. Enacted in the summer of 2020 in response to the Coronavirus pandemic, the HFWA requires employers to provide employees with paid leave for certain health conditions and certain family leave. During a public health emergency, the leave requirement is expanded from 48 hours to 80 hours for leave related to the public health emergency. PHE leave is not specific to COVID. However, until recently, it has not been applied to any other health condition.

The United States Supreme Court recently conducted oral argument on two cases involving affirmative action in the context of college admissions. In Students for Fair Admissions, Inc. v. Presidents and Fellows of Harvard College student groups argued that two universities’ admissions programs impermissibly favored Black, Hispanic and Native America applicants to the detriment of white and Asian applicants.  Although these cases do not involve affirmative action or diversity programs in employment, they could lead to other decisions in the employment context. 

The world has changed over the last few years, and Colorado is no different. A plethora of new employment laws have been enacted in Colorado generally expanding employee protections and rights. Businesses must keep on top of these changes, as many of the new laws create significant penalties for non-compliant employers.  

This client broadcast is meant to remind clients of some of these changes, and provide an update on some changes scheduled within the next year. Below is a summary; the laws described are significantly more complex in practice, and it does not cover every change in the last few years. Fairfield and Woods is more than willing to answer any questions you may have on these changes, as well as assist in making sure your operations are update.  

On October 13, 2022, the U.S. Department of Labor (DOL) proposed a new rule regarding independent contractors. The Proposed Rule supersedes the previous Rule issued in 2021. 

Kate Stimson, a criminal defense lawyer at Stimson Labranche Hubbard, joins Colin Walker to discuss criminal issues in the workplace. In this conversation they cover what happens if there is an investigation or if law enforcement brings charges against someone in the workplace. Watch their video below to learn best practices for responding, when to reach out to your employment lawyer, when to get a criminal lawyer involved, and what to expect as the investigation progresses. 

The Colorado Legislature passed a number of important new employment laws in the 2022 legislative session. These laws are discussed in a previous blog post (May 25, 2022). Some of the new laws went into effect immediately. Others will become effective in 2023. However, several of the most significant ones will become effective this Wednesday, August 10, 2022.

How do lobbyists and lawyers work together to advance balanced legislation? Find out in this interview with Colin Walker and lobbyists Jeff Weist and Laura Long from Weist Capital Group. 

Senate Bill 22-234, which amended the Colorado Employment Security Act, passed by the Colorado legislature and signed into law by the Governor on May 25, 2022, requires Colorado employers to provide a written notice to an employee regarding unemployment benefits upon separation from employment.

Hair is a protected class. A number of states have enacted laws prohibiting discrimination against employees and candidates for employment based on hair and hairstyles historically associated with certain races and ethnicities on the theory that discrimination regarding hairstyles could be a proxy for discrimination based on race, ethnicity, religion or other protected classes.

As in past legislative sessions, in 2022, the Democratically-controlled legislature had a keen interest in workplace legislation, substantially amending some of the most important employment statutes. 

The Forced Arbitration Injustice Repeal Act (“FAIR Act”) is a proposed piece of legislation that would ban all pre-dispute arbitration provisions or agreements in the context of employment, consumer, antitrust, or civil rights disputes.