employment law

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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Presenting-Employee-with-Overbroad-Severance-Agreement-Create-Employer-Liability

Even Presenting an Employee with an Overbroad Severance Agreement Can Create Employer Liability

By Leni Plimpton Employers: Does your company regularly provide employees with severance agreements? If so, it is critical to be aware of changing labor laws and review your severance and separation agreements accordingly.  Recently, the National Labor Relations Board overruled two of the previous Board’s decisions from 2020. In McLaren Macomb, issued February 21, 2023, the Board imposed strict requirements on employers, holding that it is unlawful to even present

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us-department-of-justice-reaches-penalty-deal-for-biased-job-ads

US Department of Justice Reaches Penalty Deal for Biased Job Ads, Highlighting Discrimination Based on Citizenship

By Leni Plimpton The US Department of Justice has recently reached another penalty deal concerning biased job advertisements. This development sheds light on the pervasive issue of discrimination based on citizenship status, reinforcing the importance of adhering to the principles set forth in the Immigration and Nationality Act (“INA”) and Title VII of the Civil Rights Act of 1964. Enacted in 1952 and amended many times since, the INA was

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EEOC Sees Surge in Discrimination Charges in 2022; Backlog Spikes

EEOC Sees Surge in Discrimination Charges in 2022; Backlog Spikes

By Leni Plimpton In March this year, the federal Equal Employment Opportunity Commission (“EEOC”) issued its annual performance report. The EEOC pointed to a “significant increase” in the number of charges filed in the 2022 fiscal year compared to the prior year—about a 20 percent spike. According to agency data, 2021 was a low point in filed charges, with only about 61,000 filed. In comparison, there were about 91,500 charges

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Colorado-FAMLI-Law-Complete-Employer-Guide-FAQs

Colorado’s FAMLI Law: A Complete Employer Guide & Answers to FAQs

In November 2020, Colorado became the first state to pass a paid family and medical leave law by popular vote, joining a wave of similar laws since enacted in several other states. The law will allow Colorado employees to access paid time off, which can be used to recuperate from a medical condition,  childbirth, or care for a sick family member. The Fortis employment law team has received many questions

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Colorados-FAMLI-Grace-Period-Ending

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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