Termination of the Employment Relationship

By: Colin A. Walker

February 3, 2021

Employment in the United States is generally “at-will,” meaning that the employee and employer both have the right to terminate the employment relationship at any time, without prior notice, for any reason or no reason.

Employment Law Changes To Expect Under the Biden Administration

By: Colin A. Walker

January 26, 2021

Most newly-elected presidents have a different take on employment and workplace laws than their predecessors and that is certainly the case with President Biden.

Attorneys’ Fees Provisions

By: Colin A. Walker

January 20, 2021

In the United Sates, generally, each party must pay its own attorneys’ fees. However, that can be changed by contract and prevailing party attorneys’ fees provisions, by which the prevailing party in litigation can recover attorneys’ fees from the other party, are common in executive employment agreements.

Golden Parachute or Golden Handcuffs?

By: Colin A. Walker

January 12, 2021

Golden parachute. Golden handcuffs. These terms are associated with a posh executive position that is a no-lose and highly beneficial situation for a C-Level executive. But is it really?

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

By: Colin A. Walker

January 5, 2021

The Colorado Department of Labor and Employment (CDLE) has issued a rule determining that the Public Health Emergency provisions of the Healthy Families and Workplaces Act (HFWA) will be in effect in 2021.

Arbitration Agreements

By: Colin A. Walker

December 15, 2020

Arbitration is a dispute resolution process whereby a third party retained by the parties to a dispute, rather than a judge or jury, resolves the dispute.

Choice of Law and Venue

By: Colin A. Walker

December 8, 2020

Parties to a contract may choose which law governs their agreement and, if the chosen law bears some legitimate relationship to the parties or the contract, the choice is usually enforceable.

Newsflash: Pay Equity Law Goes Into Effect

By: Colin A. Walker

December 1, 2020

On January 1, 2021, Colorado’s new pay equity law will become effective. Here's what you need to know to prepare.

Intellectual Property

By: Colin A. Walker

November 17, 2020

C-Level executives are commonly involved in creating intellectual property for the businesses, such as marketing materials, trademarks, and R&D. If they do so while employed by the company, using the business’ resources, and the works related to the business of the company, the works are owned by the company.

I’ve been offered stock options. What should I do before I accept them?

By: Colin A. Walker and Ryan M. Tharp

November 10, 2020

Many companies use stock options or other types of equity incentives to incentivize key employees. Usually stock options are issued under a written plan and an option agreement that you will be asked to sign. Those documents contain important provisions that you need to understand before accepting the stock options.

Paid Family Leave Ballot Initiative Passes in Colorado

By: Colin A. Walker

November 4, 2020

“May you live in interesting times” goes the ancient Chinese curse (actually, it’s British) and we are certainly living in interesting times. While most of our attention is focused on the still undecided Presidential election, there were other important election developments that are confirmed.

Issuing Stock Options

By: Ryan M. Tharp and Colin A. Walker

October 27, 2020

Attracting and retaining key employees is one key to a company’s success. Equity incentives offer a way to incentivize high performance and reward loyalty.

Additional Posts

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

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

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

CDC Changes COVID Guidance

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

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

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

Colorado Department of Labor and Employment Proposes New Rules

Employment Law Implications of SCOTUS Affirmative Action Decision

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

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

Service Animals and Emotional Support Animals in the Workplace

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

Are No-poach Agreements Legal?

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

Criminal Issues in the Workplace

New Employment Laws Go Into Effect August 10, 2022

Lobbying and Employment Law

New Law Requires Notice of Reason for Termination

Is Hair a Protected Class?

2022 Colorado Legislative Session Brings Big Changes to Employment Law

Forced Arbitration Injustice Repeal Act (“FAIR Act”)

Does Your Company Need a Privacy Policy?

IT Forensics: Technology Security Issues That Employers Should Keep Top of Mind

“Sticks and stones can break my bones, but names can never hurt me…” Should Non-Disparagement Provisions be Included in Employment Agreements?

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

How A Recently Overturned Colorado Supreme Court Law Affects Employers

Dealing with A Patchwork of Employment Laws: Colorado Checklist 

Employment Law for Boards of Directors

Terminations

Recap of Employment Law in the 2021 Colorado Legislative Session

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

Litigation

Tips for a Successful Partnership with Your Employment Lawyer

Employment Law for Start-Ups

Can Employers Force Employees to Return to the Workplace?

Separation Agreements

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

Employment Law Changes To Expect Under the Biden Administration

Attorneys’ Fees Provisions

Golden Parachute or Golden Handcuffs?

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

Arbitration Agreements

Choice of Law and Venue

Newsflash: Pay Equity Law Goes Into Effect

Intellectual Property

I’ve been offered stock options. What should I do before I accept them?

Paid Family Leave Ballot Initiative Passes in Colorado

Issuing Stock Options

Garden Leave

Non-Compete/Non-Solicitation Agreements

Employment Agreements

Newsflash: State Paid Leave Legislation

Independent Contractors

Duty of Loyalty

Commissions and Non-Discretionary Bonuses

Deferred Compensation