On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously...more
On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of...more
On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more
12/13/2023
/ Administrative Law Judge (ALJ) ,
Compensation & Benefits ,
Employees ,
Exempt-Employees ,
Health Care Providers ,
Labor Law Violations ,
NLRA ,
Nurses ,
Union Elections ,
Unions ,
Wage and Hour ,
Wages
On June 6, 2023, Colorado Governor Jared Polis enacted a significant change to Colorado law when he signed the Protections for Public Workers Act. The Act establishes rights for employees at Colorado hospitals, universities,...more
As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees. Among them are now expanded protections for whistleblowers. ...more
The 2022 legislative session of Colorado’s General Assembly closed with a bang. Among a number of new bills affecting employers, perhaps none was as closely watched as HB 22-1317, which provides substantial changes to...more
Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S. Effective March 1,...more
1/7/2022
/ Corporate Counsel ,
Criminal Liability ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
At a time when employers are struggling to stay current with ever-changing COVID-19 laws and public health orders, Colorado has enacted a new Public Health Emergency Whistleblower (PHEW) law on the heels of its sweeping new...more
During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more
7/23/2020
/ Anti-Discrimination Policies ,
Burden-Shifting ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Title VII ,
Unions
At a press conference on May 5, 2020, City and County of Denver, Colorado Mayor Michael Hancock announced that Denver’s “Stay at Home” Order will expire on May 8, 2020. Shortly after, Boulder County, Jefferson County, and the...more
As the nuances of Colorado Governor Jared Polis’s “Safer at Home” Order continue to reveal themselves to Colorado employers resuming operations, one more state agency has weighed in: the Colorado Civil Rights Division (CCRD)....more
Late on Friday, May 1, 2020, Denver Mayor Michael Hancock announced that the City and County of Denver will join other Colorado municipalities, as well as several private retailers and transportation providers, in requiring...more
On April 27, 2020, Colorado will enter a new phase in its fight against COVID-19, when the “Stay-at-Home” Order issued by Governor Polis expires and is replaced by what the governor has labeled relaxed “Safer at Home”...more
Since the arrival of coronavirus disease 2019 (COVID-19) in Colorado, state and local officials have issued a dizzying array of executive actions in an attempt to slow the spread of the virus.1 This ASAP endeavors to collect...more
On September 5, 2019, over the dissent of one member, a majority of the National Labor Relations Board invited briefing to aid the Board in reconsidering the standards for determining whether “profane outbursts and offensive...more
On September 20, 2018, the Colorado Court of Appeals issued an impressive 41-page decision on the scope of arbitration agreements and the duty of loyalty in Colorado, Digital Landscape Inc. v. Media Kings LLC, 2018 COA 142...more
10/3/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Breach of Duty ,
Confidential Information ,
Covenant of Good Faith and Fair Dealing ,
Duty of Loyalty ,
Employment Contract ,
Implied Covenants ,
Mandatory Arbitration Clauses ,
Misappropriation ,
Trade Secrets
Senate Bill 18-082 amends Colorado's non-compete statute to clarify that physicians may disclose their continuing practice and provide new contact information to any of their patients who have a “rare disorder.” ...more
Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more
States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up...more
A growing number of states are tightening conditions on restrictive covenants. The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states. As of March 22,...more