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: Colin A. Walker and 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?

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

By: Adrian P. Castro

January 30, 2024

With the change of a Presidential administration, there are always changes in policies. This is particularly so when the change involves a different political party and especially in the present contentious environment. 

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

By: Colin A. Walker

January 3, 2024

On January 1, 2024, Colorado’s new family and medical leave law, known as “FAMLI,” went into effect.

Colorado Department of Labor and Employment Proposes New Rules

By: Colin A. Walker

October 5, 2023

In the 2023 Colorado legislative session, the Colorado Legislature passed, and the Governor signed, a number of new workplace laws. In addition, a number of existing laws were amended in significant ways. On September 30, 2023, the Colorado Department of Labor and Employment (CDLE) proposed changes to several rules to address the statutory changes.

Employment Law Implications of SCOTUS Affirmative Action Decision

By: Colin A. Walker

September 20, 2023

As discussed in a previous blog post, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the U.S. Supreme Court held that admissions programs at Harvard and the University of North Carolina were unlawful because they considered race in making admissions decisions. While this case applied to college admissions, it did not take long for the impact to be felt in the realm of employment law. 

Additional Posts

Federal Court Strikes Down FTC Rule Banning Non-Compete Agreements

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

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

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

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

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

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

Colorado Enacts Artificial Intelligence Law

Colorado Governor Vetoes Construction Industry Wage Claim Bill

EEOC Issues Pregnant Workers Fairness Act Regulations

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