Garden Leave

By: Colin A. Walker

October 20, 2020

Garden Leave, doesn’t that sound nice? A little historical color: in England, some employees would agree to a period of time just before the end of their employment during which they would be paid, but would not work.

Non-Compete/Non-Solicitation Agreements

By: Colin A. Walker

October 13, 2020

A common and important provision in many executive employment agreements is a non-compete agreement and/or a non-solicitation agreement (also known as restrictive covenants). In most states, there are limits on the enforceability of non-compete agreements.

Employment Agreements

By: Colin A. Walker

October 6, 2020

Most employees in the Unites States do not have written employment agreements and, in most cases, written employment agreements are unnecessary.

Newsflash: State Paid Leave Legislation

By: Colin A. Walker

September 29, 2020

From time-to-time, I am going to deviate from issues which relate specifically to C-Level Executives and discuss employment law issues which apply to all employees (C-Level Executives, after all, are employees and are subject to the laws which govern the rank and file). This is particularly important with new and emerging employment laws.  

Independent Contractors

By: Colin A. Walker

September 22, 2020

A common strategy to try to manage costs of a new business is to retain workers as independent contractors (sometimes misleadingly called “1099 employees”), rather than as employees. However, not all workers can be retained as independent contractors.

Duty of Loyalty

By: Colin A. Walker

September 15, 2020

In most states, some employees—regardless of any contractual obligations—owe a duty of loyalty to the employer, which is similar to a fiduciary duty, but not identical.

Commissions and Non-Discretionary Bonuses

By: Colin A. Walker

September 15, 2020

Poorly written (and unwritten) commission agreements have spawned a plethora of litigation. Commissions should be carefully thought-out and set forth in a clearly written commission agreement signed by the company and the C-Level executive.

Deferred Compensation

By: Colin A. Walker

September 15, 2020

In the start-up phase of a business, cash flow is often a difficult issue. R&D, equipment outlays, leasing and other costs often strain the finances of a new business.

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