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. 

Criminal Issues in the Workplace

October 4, 2022

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. 

New Employment Laws Go Into Effect August 10, 2022

By: Colin A. Walker

August 9, 2022

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.

Lobbying and Employment Law

By: Colin A. Walker

July 27, 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. 

New Law Requires Notice of Reason for Termination

By: Colin A. Walker

July 6, 2022

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.

Is Hair a Protected Class?

By: Colin A. Walker

June 9, 2022

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.

2022 Colorado Legislative Session Brings Big Changes to Employment Law

By: Colin A. Walker

May 25, 2022

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. 

Additional Posts

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