As most employers know, the Federal Trade Commission (FTC) adopted a controversial rule earlier this year that will prohibit virtually all noncompete restrictions (the “Non-Compete Rule”) as of its effective date, Sept. 4,...more
The Federal Trade Commission (FTC) adopted a controversial rule for noncompete provisions today. As expected, the final regulation, which was first proposed in January 2023, will prohibit virtually all noncompete...more
The U.S. Department of Labor (“DOL”) just announced significant revisions to the Fair Labor Standards Act (“FLSA”) regulations, increasing exempt employee salary thresholds, resulting in an estimated 4 million additional...more
While 2024 has already ushered in several mandated changes to employer practices and policies in California, the state’s new law requiring a workplace violence prevention plan and related training is in effect now, with a...more
A slew of new California employment laws were passed in 2023, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as employment...more
The U.S. Department of Labor (“DOL”) recently announced a proposal to revise the Fair Labor Standards Act (“FLSA”) regulations to, among other things, make an additional 3.6 million employees eligible to receive overtime by...more
As the most substantive worker rights bill from this year’s legislative session, Colorado’s newly enacted Protecting Opportunities and Workers’ Rights (POWR) Act radically changes state employment laws. Imposing a new...more
Artificial intelligence (AI) is an exciting new frontier that is becoming more readily accessible to the public. As governments grapple with the right approach to regulating AI, legal risks are already present, including...more
As remote and hybrid work arrangements become increasingly common, many employers have expanded their recruiting efforts, hiring workers throughout the country. These multijurisdictional workforces give rise to new or...more
Updates Include a New Form and Long-Awaited Remote Verification Procedures -
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services recently issued a new version of Form I-9, Employment...more
Colorado employers should take heed to update their initial job applications, including online forms, to comply with Colorado’s new “Job Application Fairness Act,” codified at C.R.S Section 8-2-131. The new requirements went...more
A bill that would ban nearly all forms of non-competition restrictions in New York passed both houses in the state legislature and is now with Gov. Kathy Hochul to sign into law. If signed, this would have profound...more
Update for Employers With Colorado Employees Who Are Members of the Colorado National Guard or U.S. Armed Forces Reserves -
Effective earlier this year, HB23-1045 clarifies employment leave requirements for members of the...more
In just the past few weeks, multiple class actions have been filed in California against a variety of companies, including Tiffany & Co., Dollar Shave Club, Goodyear Tires, M.A.C. Cosmetics and Michael Kors USA, making the...more
Colorado’s laws governing non-compete agreements between employers and employees can be complex—particularly those involving physicians. In SB 21-271, the Colorado General Assembly added another layer of potential complexity...more
Yesterday, the Supreme Court released its opinion in National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor. Concluding that OSHA’s proposed emergency temporary standard (ETS) was a...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As part of their COVID-19 mitigation protocols, an increasing number of employers are mandating COVID-19 vaccinations following the Food and Drug Administration’s full approval of the Pfizer vaccine. Adding to the exponential...more
Thousands of Colorado’s licensed health care facilities are now required to ensure that certain workers are vaccinated against COVID-19 by the end of October. The new mandate came in response to an Aug. 17 letter from Gov....more
In connection with the recent surge in COVID-19 cases caused by the Delta variant, many businesses have begun to require that employees—and sometimes contractors, volunteers and patrons—provide proof of vaccination. This may...more
With the grant of full approval by the Food and Drug Administration (“FDA”) to the Pfizer COVID-19 vaccine, one major legal hurdle to employer-mandated COVID-19 vaccines has been cleared. The approval could not come soon...more
Employers operating in Colorado gained clarity from the Colorado Supreme Court on a closely watched state wage and hour law issue—earned vacation pay must be paid out upon separation from employment, notwithstanding any...more
6/17/2021
/ CO Supreme Court ,
Colorado ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Paid Leave ,
Paid Time Off (PTO) ,
Severance Agreements ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour
Many news outlets have recently reported that the federal government has indicated that employers can mandate COVID-19 vaccines. They rely on updated guidance issued by the Equal Employment Opportunity Commission on May 28,...more
6/9/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance -
The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation...more
The Families First Coronavirus Response Act (“FFRCA”), which required that employers of fewer than 500 employees provide Emergency Paid Sick Leave (“EPSL”) and Expanded Family and Medical Leave (“EFML”) to eligible employees...more
With distribution of COVID-19 vaccines moving ahead full-steam, an end to the pandemic may be in sight in the coming months. However, what is collectively known as the “new normal” still comes with a minefield of unanswered...more
3/5/2021
/ Business Continuity Plans ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Traveling Employee ,
Vaccinations ,
Workplace Safety