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FTC Emphasizes Case-By-Case Approach in Workshop on Noncompete Agreements

Key Takeaways - The FTC indicated it is not pursuing a national rule to ban noncompetition agreements but will continue bringing targeted enforcement actions against agreements it deems overly broad or unjustified....more

Not Done Yet: FTC to Hold Workshop in 2026 Regarding Non-Competition Agreements

Key Takeaways: FTC to revisit a national non-compete ban: The FTC will host a Jan. 27, 2026 workshop as it restarts efforts to regulate or potentially ban most non-competition agreements nationwide....more

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Colorado Court of Appeals Approves “Use or Lose It” Policy Regarding Vacation Pay

In an unpublished opinion, the Colorado Court of Appeals recently held that a departing employee's right to vacation pay at separation is dependent on the company's policies.  Nieto v. Clark’s Market, Inc., 2019 COA 98....more

Colorado Revamps Existing Wage Discrimination Law

On May 22, 2019, Colorado’s Governor Polis signed the Equal Pay for Equal Work Act (the “Act”), which brings significant changes to the existing Wage Equality Regardless of Sex Act. C.R.S. § 8-5-101 et seq.  Effective January...more

Colorado Poised to Join States that “Ban the Box”

Colorado appears poised to join a number of states that prohibit employers from inquiring into a job applicant’s criminal history on an initial employment application. ...more

7th Circuit: Job Applicants Cannot Bring ADEA Disparate Impact Claims

On January 23, 2019, the U.S. 7th Circuit Court of Appeals handed employers a welcome ruling and held that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not protect outside job applicants from disparate...more

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