C-Level Law

U.S. Supreme Court Decision Leaves Agency Rulemaking Vulnerable to Lawsuits Challenging Agency’s Authority

By: Colin A. Walker and Danielle R. Bettencourt

July 10, 2024

In a highly anticipated Supreme Court decision, Loper Bright Enterprises v. Raimondo, the Court overruled its longstanding Chevron, U.S.A. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), holding that had previously directed courts to defer to an agency’s interpretation of the law when a statute was ambiguous.

Lawsuit Challenging FTC Rule Banning Non-Compete Agreements May Delay Implementation of Rule

By: Colin A. Walker

June 24, 2024

The U.S. Chamber of Commerce and others have filed a lawsuit challenging the FTC’s recent rule banning non-compete agreements.

Colorado Amends Non-Compete Law Regarding Training Repayment Agreement Provisions (TRAPS)

By: Colin A. Walker

June 3, 2024

On May 31, 2024, Colorado Governor Jared Polis signed House Bill 24-1324, “Attorney General Restrictive Employment Agreements.” The bill strengthens the protections for employees who sign agreements requiring them to repay the employer for training expenses, increasing the penalties for such agreements which violate the law and giving the Attorney General broad regulatory and enforcement authority.

Colorado Governor Vetoes Bill Prohibiting Employers from Requiring Attendance at Meetings Involving Politics or Religion

By: Colin A. Walker

May 30, 2024

On May 17, 2024, Colorado Governor Jared Polis vetoed House Bill 24-1260, “Prohibition Against Employee Discipline.”

Colorado Enacts Artificial Intelligence Law

By: Colin A. Walker and J. Mark Smith

May 28, 2024

Artificial Intelligence (“AI”) is rapidly becoming an important part of everyday life, especially in business. While it can be very useful, AI does pose certain risks. Legislatures across the country have been considering legislation to regulate AI.

Colorado Governor Vetoes Construction Industry Wage Claim Bill

By: Colin A. Walker

May 21, 2024

On May 17, 2024, Colorado Governor Jared Polis vetoed House Bill 24-1008, “Wage Claims Construction Industry Contractors.” The bill applied only to the construction industry and went far beyond the usual remedies for failure to pay wages (such as penalizing employers who fail to pay their employees and awarding prevailing employees their attorneys’ fees).

EEOC Issues Pregnant Workers Fairness Act Regulations

By: Colin A. Walker

May 8, 2024

The Pregnant Workers Fairness Act (PWFA), which became law in June of 2023, requires employers with 15 or more employees to make reasonable accommodations for pregnancy, childbirth, and related medical conditions unless the accommodations impose an undue hardship on the employer.

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

By: Adrian P. Castro

April 24, 2024

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) voted 3-2 to implement a final rule that will ban almost all current noncompete agreements and all future noncompete agreements.

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

By: Colin A. Walker

April 17, 2024

On April 17, 2024, the United States Supreme Court issued an opinion holding that a mandatory job transfer can be discriminatory under Title VII of the Civil Rights Act of 1964, the primary federal employment anti-discrimination law, even if the transfer does not reduce pay or benefits.

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

By: Colin A. Walker and Josh I. Berry

April 10, 2024

CDC Changes COVID Guidance

By: Colin A. Walker

March 11, 2024

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

By: Colin A. Walker

February 29, 2024

In many states, employees have a right to review their personnel files. In other states, they do not. Where does Colorado stand?