C-Level Law

New Colorado Law Prohibits Age-Related Inquiries on Job Applications

November 13, 2024

The Colorado Job Application Fairness Act (C.R.S. § 8-2-131), which went into effect July 1, 2024, prohibits age-related inquiries on initial job applications, including age, date of birth, dates of attendance or dates of graduation from educational institutions.

Should Holiday Pay be Included in Overtime Premiums?

By: Colin A. Walker

October 29, 2024

A recent Colorado Supreme Court case HAS clarified when holiday pay should be included in the calculation of overtime pay.

Can A Supervisor Be Personally Liable for Discrimination?

By: Colin A. Walker

October 15, 2024

Most employers are well aware that discrimination based on race, religion, gender, disability, age, and other “protected classes” is illegal and that employers can be liable for significant damages, including punitive damages and attorneys’ fees. However, can an employee sue their employer and supervisors personally for discrimination?

Colorado Law Requires Employers to Keep Repository of Discrimination Complaints

By: Colin A. Walker

October 2, 2024

As discussed in a previous blog post, the Protecting Opportunities and Workers’ Rights Act (“POWR”) went into effect in August of 2023. The law contains several distinct provisions, including significantly changed the standards for harassment under Colorado law and limitation on non-disclosure agreements which limit an employee’s ability to disclose unfair employment practices.

Which State’s Law Applies to Employees Working Temporarily Outside of the State of their Residence?

By: Colin A. Walker

September 11, 2024

Remote work has become commonplace, especially since the COVID pandemic. If the employee is working in another state permanently, the employment will be subject to the laws of the employee’s residence.

Federal Court Strikes Down FTC Rule Banning Non-Compete Agreements

By: Colin A. Walker

On August 20, 2024, the United States District Court for the Northern District of Texas issued an order setting aside the FTC’s rule prohibiting non-compete agreements, which was scheduled to go into effect on September 4, 2024.

What Should An Employer Do When An Employee is Impaired At Work?

By: Colin A. Walker

August 6, 2024

In this week's video blog, Colin Walker is joined by Mark Ashby from Lead Impairment Training to discuss substance abuse in the workplace.

Court Stays FTC Non-Compete Rule – Only as to the Plaintiffs before the Court

By: Colin A. Walker

July 17, 2024

As discussed in previous blog posts, the FTC has proposed a new rule, which would invalidate most non-compete agreements.

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.”