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A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating...

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

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

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

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

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

Colorado Significantly Expands the Rights of Public Employees at Hospitals, Universities, Schools, and Special Districts

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

A Tipster’s Refuge: Colorado Significantly Expands Health, Safety, and Fraud Whistleblower Protections

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

HB 22-1317: A New, More Restrictive Era for Restrictive Covenants in Colorado

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 Criminalizes Certain Restrictive Covenants

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

Colorado Enacts Public Health Emergency Whistleblower (PHEW) Law Protecting COVID-19 Workplace COPs

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

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

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

Denver and its Neighbors Return to Work: Mayor Announces Expiration of Stay-at-Home Order and Ushers in Period of COVID-19 “Relief...

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

Colorado Department of Labor and Employment Issues Emergency Rule and FAQs Addressing Employees Concerned about Returning to the...

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

Denver Joins a Growing Number of Colorado Municipalities Mandating Face Coverings While in Public

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

Colorado Enters its “Safer At Home” Phase of the COVID-19 Pandemic, But Many Municipalities Remain on Lockdown

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

A COVID-19 Guide for Colorado Employers

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

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

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

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

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

A "Rare" Amendment: Colorado Amends its Non-Compete Statute for the First Time Since 1982 to Protect Physicians Treating Patients...

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

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

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

Pre-and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

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

Utah Enacts Post-Employment Restrictions Act

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

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