Colorado Legislature Passes Significant Changes to Workplace Harassment Laws

By: Colin A. Walker

May 8, 2023

The Colorado Legislature has passed the Protecting Opportunities and Workers’ Rights Act, Senate Bill 23-172 (POWR). Governor Jared Polis is expected to sign it. POWR makes significant changes to the law of workplace harassment and discrimination. 

When Does Colorado's New Law on Covenants Not to Compete Require Written Notice?

By: Colin A. Walker

April 25, 2023

In August of 2022, the Colorado Legislature amended Colorado’s law governing covenants not to compete, making them significantly more difficult to enforce. Covenants not to compete prohibit employees from competing against a former employer and/or soliciting its customers (in Colorado, restrictions on soliciting other employees are not governed by the same standards).

NLRB Ruling Holds Confidentiality and Non-Disparagement Clauses Violated National Labor Relations Act

By: Colin A. Walker

March 28, 2023

The National Labor Relations Board (NLRB) has issued an opinion holding the confidentiality and non-disparagement clauses in a separation agreement offered to a group of 11 union employees pursuant to a reduction in force violated the National Labor Relations Act (NLRA). Overruling two previous cases, in McLarin v. McComb, the Board held that such clauses are illegal if they “have a reasonable tendency to interfere with, restrain, or coerce employees in their exercise” of rights in the NLRA to engage in concerted activity (Section 7 of the NLRA)—communicating with other employees about the terms and conditions of employment. 

Fair Workweek Bill Fails in Colorado Legislature

By: Colin A. Walker

March 21, 2023

House Bill 23-1118, the Fair Workweek Employment Standards Act, failed in a hearing before the House Business Affairs & Labor Committee. The bill would have imposed a number of difficult requirements on covered employers regarding scheduling and hiring.

POWR Bill Introduced in Colorado Senate

By: Colin A. Walker

March 9, 2023

On February 27, 2023, SB23-172, the Protecting Opportunities & Workers' Rights Act (“POWR”), was introduced in the Colorado Senate. Like its predecessors in previous sessions, POWR would, if enacted, make sweeping changes to the law of employment discrimination and harassment in Colorado.

Supreme Court Confirms Strict Compliance Required to Exempt Highly Compensated Employees From Overtime Regulations

By: Adrian P. Castro

March 1, 2023

One of the trickiest issues faced by employers is proper classification of employees as exempt or non-exempt from the overtime requirements of the federal Fair Labor Standards Act (FLSA) and corresponding state laws. Exempt employees need not be paid overtime but there are strict requirements for classifying an employee as exempt. In this post, Adrian Castro of Fairfield and Woods, P.C.’s Employment Law Department tells us about a recent Supreme Court Case regarding one of the most confusing exemptions, the “Highly Compensated Employee Exemption.” 

Denver Enacts New Wage Theft Ordinance

By: Colin A. Walker

January 18, 2023

On January 9, 2023, the Denver City Council passed an ordinance amending the Revised Municipal Code to provide new remedies for failure to pay wages. The new ordinance provides that the Denver Auditor may investigate and impose fines of up to $25,000 for an employer’s failure to pay wages, and treble damages. Like many other employment laws, there is a civil action for aggrieved employees, penalties, and a prevailing employee may recover their attorneys’ fees. Retaliation is also prohibited. 

FTC Proposes Rule Banning Non-Compete Agreements for All Employees

By: Adrian P. Castro

January 12, 2023

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 Expanded to Include Flu and other Respiratory Illnesses

By: Colin A. Walker

December 9, 2022

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.

Supreme Court Hears Affirmative Action Cases

By: Colin A. Walker

November 29, 2022

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. 

Changing Times Creates Employment Law Minefield: Summary on Recent and Upcoming Changes to Employment Law

By: Adrian P. Castro

November 2, 2022

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.  

U.S. Department of Labor Proposes New Rule Regarding Independent Contractors

By: Colin A. Walker

October 25, 2022

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. 

Additional Posts

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New Colorado Law Prohibits Non-Disparagement and Non-Disclosure Agreements which Prohibit Disclosure of Unfair Employment Practices

Supreme Court Changes Standard for Religious Accommodation

Supreme Court Strikes Down College Admissions Programs which Give Preference Based on Race

The History of Laws Protecting LGBTQIA+ Workers from Discrimination and Harassment in the Workplace in Colorado

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Colorado Legislature Passes Amendments to Equal Pay for Equal Work Act

The End of COVID Public Health Emergency Leave

Colorado Legislature Passes Significant Changes to Workplace Harassment Laws

When Does Colorado's New Law on Covenants Not to Compete Require Written Notice?

NLRB Ruling Holds Confidentiality and Non-Disparagement Clauses Violated National Labor Relations Act

Fair Workweek Bill Fails in Colorado Legislature

POWR Bill Introduced in Colorado Senate

Supreme Court Confirms Strict Compliance Required to Exempt Highly Compensated Employees From Overtime Regulations

Denver Enacts New Wage Theft Ordinance

FTC Proposes Rule Banning Non-Compete Agreements for All Employees

Public Health Emergency Leave Expanded to Include Flu and other Respiratory Illnesses

Supreme Court Hears Affirmative Action Cases

Changing Times Creates Employment Law Minefield: Summary on Recent and Upcoming Changes to Employment Law

U.S. Department of Labor Proposes New Rule Regarding Independent Contractors

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New Employment Laws Go Into Effect August 10, 2022

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2022 Colorado Legislative Session Brings Big Changes to Employment Law

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Does Your Company Need a Privacy Policy?

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United States Women’s National Soccer Team Secures Historic $24 Million Equal Pay Settlement

Senate Passes Landmark Bill Ending Forced Arbitration of Workplace Sexual Harassment and Assault Claims

Can You Provide Different Benefits to Different Employees?

Happy New Year: Ready or Not, Here Comes 2022!

Senate Bill SB 21-217

Sixth Circuit to Preside Over Challenge to OSHA Vaccine Mandate

Court of Appeals Issues Temporary Stay of OSHA Vaccine Mandate

Navigating A Patchwork of Employment Laws: An HR Perspective

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Employment Law for Boards of Directors

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Recap of Employment Law in the 2021 Colorado Legislative Session

HR and Employment Law Considerations for Returning to Work After COVID-19

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Employment Law for Start-Ups

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Bill Introduced in Colorado Legislature Would Substantially Expand Employment Discrimination Law

Considerations for Departing Executives

Measures to Reduce Risk upon Separation

Colorado Statute Limits Use of Employee’s Personal Social Media Accounts for Business Purposes

Traps for the Unwary Executive or Founder When Offering Securities

Tax Considerations with Severance Pay: Section 409A

New Colorado Requirements for Job Postings Outside of an Employer's Organization

Termination of the Employment Relationship

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CDLE Invokes Public Health Emergency Provisions of Healthy Families and Workplaces Act for 2021

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