Employers finally have the answer they’ve been waiting for: they don’t need to comply with the Federal Trade Commission’s (“FTC”) Rule banning noncompete agreements—for now....more
On July 3, 2024, a federal judge from the Northern District of Texas barred the Federal Trade Commission (“FTC”) from enforcing its Rule banning noncompete agreements and paused the Rule’s effective date of September 4, 2024....more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Question: When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated?...more
Can an employee sue under Title VII to challenge a lateral transfer, even if the transfer does not result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is: Yes....more
4/29/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Non-Discrimination Rules ,
SCOTUS ,
Sex Discrimination ,
Title VII
Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more
12/4/2023
/ Confidentiality Policies ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
NLRA ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Separation Agreement ,
Settlement Agreements ,
Severance Agreements
Question: Do employers need to provide a space for employees to worship and/or pray in the office?
The short answer is: Maybe. You must reasonably accommodate employees’ sincerely held religious, ethical, or moral...more
by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more
10/3/2023
/ Anti-Discrimination Policies ,
Confidentiality Agreements ,
Equal Employment Opportunity Commission (EEOC) ,
NLRA ,
NLRB ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Settlement ,
Severance Agreements ,
Whistleblower Protection Policies ,
Whistleblowers
Question: Do employers need to provide a space for employees to worship and/or pray in the office?
Answer: The short answer is: Maybe. Employers must reasonably accommodate employees’ sincerely held religious, ethical,...more
During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...more
6/8/2023
/ Anti-Harassment Policies ,
Colorado ,
Confidentiality Agreements ,
Employment Policies ,
Equal Pay ,
Harassment ,
Job Ads ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Notice Requirements ,
Paid Sick Leave ,
Recordkeeping Requirements ,
Separation Agreement ,
Settlement Agreements ,
State Labor Laws ,
Unfair Labor Practices
The Colorado Department of Labor and Employment (CDLE) recently provided guidance for Colorado employers on two important issues: payment of vacation and paid time off (PTO) to employees upon separation from employment, and...more
As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to work...more
The rules surrounding medical examinations under the Americans with Disabilities Act (ADA) can be tricky. The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, New Mexico, Utah, and Wyoming employers)...more
Employers often struggle to determine whether they might be considered “joint employers” with other entities under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) is proposing new guidance on this...more
The Colorado legislature recently added a paragraph to the state statute that governs non-compete agreements to permit physicians to continue to treat patients with rare disorders without liability. Signed into law by...more