Employment Law


Attention Employers! Colorado’s FAMLI Grace Period is Ending

By Leni Plimpton  As most Colorado employers should know, and as was noted in an earlier blog post, Colorado’s Family and Medical Leave Insurance (“FAMLI”) law requires payroll withholdings. Those withholdings should have started on January 1, 2023.  Employers with more than nine employees must pay .45% of the employee’s wage, and the employee must pay .45% as well (for smaller employers, the employer contribution is not required). The premium

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Employer Alert: Full Compliance with the PUMP Act Now Required

By Liz Hartsel What is the PUMP Act?  The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) establishes nationwide protections for employees who need to express milk for nursing children at work.  Although President Biden signed it into law in late December 2002, requirements for compliance have been rolled out in phases to allow employers time to prepare. However, as of April 28, 2023, all employers are expected

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New Act Prohibits Confidentiality, Non-Disparagement Provisions in Severance Agreements

By Liz Hartsel On February 21, 2023, the National Labor Relations Board (NRLB) issued a decision that confidentiality and non-disparagement agreements in employment severance agreements may be deemed unlawful under the National Labor Relations Act (the “Act”) if they interfere with an employee’s right to discuss working conditions as guaranteed by Section 7 of the Act. In McLaren Macomb, 372 NLRB No. 58 (2023), the NLRB determined that simply offering a separation agreement with

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New Ruling Determines that Delaware Officers Can Now Be Held Liable for Lack of Proper Oversight

By Dustin Rickett The Delaware Court of Chancery recently ruled that officers of Delaware corporations can be personally liable for failing to properly oversee their respective corporations. This is the first Delaware ruling that has explicitly stated that officers of Delaware corporations have a duty of oversight. The duty of oversight stems from the broader duty of loyalty, which requires that directors and officers act in good faith and in

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How the Proposed FTC Ban on Noncompetes Impacts Employers

By Leni Plimpton The Federal Trade Commission recently proposed a new rule prohibiting employers from imposing noncompetes on their workers. The FTC has stated that it believes that employers’ use of noncompetes is not only exploitative, but also suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. The proposed ban is causing concern among business owners, many of whom have woven non-compete clauses into a variety of contracts

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Colorado Makes Moves-to-Ban-Age-Questions-in-Hiring

Breaking News: Colorado Makes Moves to Ban Age Questions in Hiring

By Lenora Plimpton A new bill that will potentially affect employers statewide is making its way through the Colorado State Senate. The bill is part of a strong trend in Colorado towards aggressive legislative moves to protect employees. Under the bill, known as the “Job Application Fairness Act,” employers would be prohibited from inquiring about the age, birthdate, or dates relating to the applicant’s educational history on an initial job

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Critical Components of Colorado’s New FAMLI Law

By Lenora (Leni) Plimpton  All Colorado employers need to be aware of new requirements that start on January 1, 2023, under Colorado’s Family and Medical Leave Insurance (“FAMLI”) law. Under FAMLI, Colorado employees are entitled to take up to 12 weeks of paid family and medical leave for various circumstances. The critical components for compliance with this new law are as follows: As mentioned above, Colorado employers are required to

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Employer Alert: New Federal Limitations on Workplace Policies Involving Sexual Assault or Sexual Harassment Allegations

By Leni Plimpton       On November 16, 2022, Congress passed the Speak Out Act, S. 4524, prohibiting the enforcement of certain contract provisions that would “silence” people who claim to have suffered sexual assault or sexual harassment. On December 7, 2022, President Biden signed the bill into law and it takes effect immediately. What does this act mean for employers? In short, the new law makes it so courts cannot enforce nondisclosure and non-disparagement agreements “relating to disputes

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Granting Employee Stock Options: How to Ensure Compliance with Section 409A and Avoid Negative Tax Consequences

Granting Employee Stock Options: How to Ensure Compliance with Section 409A and Avoid Negative Tax Consequences

By Brian Barrett In today’s tight labor market, companies are constantly searching for creative ways to attract and retain top talent. While innovative start-ups and larger companies have long granted equity as a means of attracting, retaining, and incentivizing skilled and talented workers, more mid-market and small companies in a variety of industries are turning to such strategies to gain a competitive edge over their peers. One common type of

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How Employers Can Combat Quiet Quitting

By Leni Plimpton The trend of “quiet quitting” has gotten a lot of media play and raised a lot of red flags among employers, who fear decreased productivity and lower quality of work. Employees are trying to find the balance between boundary-setting and fulfilling work responsibilities, and most employers agree that reducing stress and burnout are positive goals that should be welcome in the workplace. However, what happens when an

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