Employment Law

Important Employment Law Changes Every Employer Should Address in 2024

By Liz Hartsel, Fortis Law Partners As an employment attorney, I regularly tackle an annual review of my clients’ contracts, employment policies, and employee handbooks. Why does this matter? Well, employment laws and business norms are constantly evolving. Ensuring that your company is in full compliance with state and federal employment laws and regulations helps businesses avoid fines, lawsuits, employee confusion, and conduct issues.   Here are the eight newest key

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Employer Awareness Alert: A Labor Claim Could Happen to You

By Leni Plimpton Small businesses: Depending on the type of business and your gross annual business volume, the National Labor Relations Act (“NLRA”) probably applies to you! (As a rule of thumb, overall, most non-government employers with a workplace in the United States are covered.) It is important to be aware of the implications of the law and ensure that your business is in compliance. Mistakes can be costly for

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New Independent Contractor Regulations Issued by U.S. Dept. of Labor

By Chris Lamb On January 10, 2024, the U.S. Department of Labor published a final rule, effective March 11, 2024, revising the Department’s previous guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). It rescinds the 2021 Trump-era Independent Contractor Rule (2021 IC Rule), replacing it with a different analysis for determining employee or independent contractor status more consistent with

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Client Alert for Colorado Employers: Non-Compete Salary Thresholds Increase Jan. 1, 2024 

By Liz Hartsel The salary threshold of a highly compensated worker is increasing in January, which directly impacts whether non-competes are enforceable. In our previous blog post regarding changes to the enforceability of non-compete agreements, we explained that an employer’s ability to use or enforce non-compete agreements (including the non-solicitation of customers) is directly tied to certain salary thresholds for employees. Those thresholds are increasing in 2024 and will continue

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The Supreme Court Clarifies the Appropriate Standard for Undue Hardship in Title VII Religious Accommodation Cases

By Leni Plimpton Most employers know that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion in hiring and in the workplace. Under the law, an employer must reasonably accommodate “all aspects of religious observance and practice, as well as belief,” unless the employer can demonstrate that an accommodation would cause undue hardship to the business. Until now, the governing standard for an

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Colorado Bans Age Questions in Hiring

Colorado Bans Age Questions in Hiring

By Kaitlyn Dehmer Earlier this year, we flagged a new bill making its way through the Colorado State Senate, known as the Job Application Fairness Act (the “Act”). On June 5, 2023, the bill was signed into law. Starting July 1, 2024, on initial employment applications, an employer may no longer request or require an individual to include their age, date of birth, and dates of attendance at, or graduation

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Good Faith and Fair Dealing in Contracts

Good Faith and Fair Dealing in Contracts

By Charlie Carlin The general rule in Colorado is that every contract contains an implied duty of good faith and fair dealing. See State Farm Mut. Auto. Ins. Co. v. Goddard, 2021 COA 15, ¶ 29, 484 P.3d 765, 772; Alpine Bank v. Hubbell, 555 F.3d 1097, 1104 (10th Cir. 2009). This means that if the contract confers discretion on how the parties must perform under that contract, there is

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New Updates to Colorado’s Healthy Families and Workplaces Act Take Effect August 7, 2023 6 Steps Employers Should Take

New Updates to Colorado’s Healthy Families and Workplaces Act Take Effect August 7, 2023: 6 Steps Employers Should Take Now

By Liz Harstel Effective August 7, 2023, the Colorado Healthy Families and Workplaces Act (HFWA) will require all Colorado employers to allow employees to use accrued paid sick leave for absences from work for two additional reasons:  6 Things to Do Now:  As an employer, it is crucial to understand the new provisions of the act and take active steps to comply with the new law. If you have questions

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What Colorado Employers Need to Know About the POWR Act

What Colorado Employers Need to Know About the POWR Act

By Kaitlyn Dehmer On June 7, 2023, Gov. Jared Polis signed the Protecting Opportunities and Workers’ Rights Act (the “POWR Act”) into law. The POWR Act takes effect August 7, 2023, and includes changes employers must prepare for.  Here’s what every Colorado employer needs to know about the POWR Act: Marital Status The POWR Act includes marital status as a protected class under the Colorado Anti-Discrimination Act (“CADA”). Under the

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Federal-Pregnant-Workers-Fairness-Act

Federal Pregnant Workers Fairness Act (PWFA) Goes into Effect June 27, 2023

By Liz Hartsel What is the PWFA? On December 29, 2022, President Biden signed two bills into law aimed at enhancing protections for pregnant and nursing parents in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (PUMP Act.)*  Beginning June 27, 2023, employers with 15 or more employees are required to provide “reasonable accommodations” to workers for “known limitations

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