Fortis Blog

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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Unbundled Legal Representation: A Concept with Good Intentions but Big Challenges

By Henry Baskerville, Fortis Law Partners As litigation costs have skyrocketed in recent years, unbundled or limited scope representation has gained traction in the legal world. The concept, introduced by the Colorado Supreme Court in the late 90s, sets out an alternative to traditional full-service representation by providing an a la carte option where clients can receive select services from an attorney while handling other portions of the case themselves,

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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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Noncompetes When Buying a Business: Overreaching Hurts Buyers More than Sellers

By Dustin Rickett Nearly any deal regarding the sale of a business includes covenants prohibiting sellers from competing with the business they just sold. Most buyers (understandably) are nervous that a seller may decide to open up a new shop in the same industry – thereby materially devaluing the purchased company. This often leads to buyers looking for noncompete restrictions with the broadest scope possible. Be wary, however, because if

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Client Alert: The Corporate Transparency Act Goes Into Effect January 1, 2024

By Kaitlyn Dehmer The Corporate Transparency Act (the “Act”) aims to prevent, among other things, money laundering and tax fraud. The Act requires certain entities to submit beneficial ownership information to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).   Who Will It Affect? Reporting companies are required to report beneficial ownership information.  A reporting company is defined as any entity created by a filing of a document with a

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Thinking About Buying a Business? Your Top FAQs Answered by an M&A Attorney

By Andrew Comer Not everyone who dreams of owning a business is interested in starting their own company from scratch. That’s why buying an existing business is the best way for some people to begin their entrepreneurship journey. But if you’ve never done it before, you likely have a lot of questions! How do I find a business to buy, how do I finance it, and what pitfalls do I

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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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What To Do When Your Business Gets Sued

What To Do When Your Business Gets Sued

By Michael Annerino Litigation can be a stressful experience for a business owner. In some cases, the attorney fees and damages a small business must pay during litigation can jeopardize the business’s future. With so much on the line, figuring out where to start can be daunting. However, understanding the right steps can help protect your business, mitigate potential damages, and minimize attorney fees. 1.       Contact an Experienced Attorney

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Should Your Contract Include an Arbitration Clause Exploring the Advantages of Arbitration

Should Your Contract Include an Arbitration Clause? Exploring the Advantages of Arbitration

By Michael Annerino Arbitration clauses, often tucked away in the fine print of contracts, are powerful tools for resolving disputes efficiently and fairly. While they may not be as glamorous as other contract terms, they offer a number of advantages. Here are three reasons to consider including an arbitration clause: 1.       Control Over the Process One of the primary advantages of arbitration clauses is that they allow the parties

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