employment law


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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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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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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Monkeypox Virus Offers Employers Opportunity to Deepen Protections for LGBTQ Employees

The recent monkeypox virus outbreak and discriminatory ties to the LGBTQ population should motivate employers to review and enhance company policies protecting their LGBTQ employees. The matter is particularly urgent given that anti-LGBTQ discrimination in the workplace is already a widespread problem.   In an article recently published on HR.com, Fortis attorney, Andrew Neiman, counsels outlines the five key steps every employer should take now to protect and support LGBTQ employees

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Colorado’s New Non-Compete Law: 8 Key Takeaways

By Liz Hartsel Colorado’s Restrictive Employments Agreement Act (HB 22-1317) (the “Act”), became effective on August 10, 2022. It dramatically changes Colorado’s law regarding non-competition agreements, non-solicitation agreements, and confidentiality agreements relating to workers.   Here’s what you need to know and do now: Changes to Enforceability of Non-Compete Agreements Non-competes in Colorado remain void unless they fall within certain exemptions. The Act, however, changes those exemptions. For example, there is

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Avoid Founder Equity Missteps That Can Cause Long-Term Headaches

By Dustin Rickett For many new businesses, startups especially, equity grants are often the primary method of compensating founders for their hard work building a business in its earliest stages. Given the importance of these grants, it is paramount that founders ensure they comply with applicable corporate, securities, tax and other laws to avoid headaches that may not surface until far later in the company’s development. Below are a few

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