On April 23, 2024, the Federal Trade Commission issued a final rule that would ban all non-compete clauses (“noncompetes”) with employees in the United States going forward.
The rule, which would create a new regulation...more
On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more
Some of the changes imposed by the 2022 amendments to Colorado’s noncompete statute (C.R.S. §8-2-113) are clear and unambiguous. The amendments eliminated the former exception for management employees, imposed salary...more
Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more
Asset Buyers, beware. If the Seller has union-represented employees, and you intend to hire some or all of those employees and operate the assets as a union-free employer, take care to avoid becoming an accidental successor....more
11/1/2019
/ Asset Purchase Agreements ,
Asset Purchaser ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Duty to Bargain ,
Employer Liability Issues ,
NLRA ,
Successor Liability ,
Successors ,
Terms and Conditions ,
Union Representatives ,
Unions
When one employer purchases the assets of another and intends to employ some or all of the seller’s employees, it is very common for the asset purchase agreement to require the seller to disclose certain personnel information...more
Colorado employees are pushing back against the recent decision allowing use-it-or-lose vacation policies in Colorado.
In Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019), a division of the Colorado...more
With Colorado’s return to one-party control, Colorado employers face a spate of new employment laws. Employers in Colorado should review their practices, policies, and procedures to ensure that they are in compliance with...more
7/18/2019
/ Ban the Box ,
Criminal Penalties ,
Employer Liability Issues ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Garnishment ,
Wage Theft
Following the “Call to Action” that was issued by the White House and the U.S. Department of Treasury in October, 2016 concerning what the Obama Administration perceived as overuse of non-compete agreements, a number of...more
On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more
In mid-May, the New York Times published a long article reporting a national trend that employers are expanding both the number of employees who are required to sign non-competition agreements and the types of employees...more