On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority
Continue Reading 303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.”
Continue Reading NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
Governor Polis recently signed two laws affecting Colorado employers and employees. First, the Job Application Fairness Act (JAFA) prohibits all Colorado employers from requesting certain information related to prospective employees’
Continue Reading Colorado Law Bans Age-Related Questions on Applications and Adds New Reasons to Use Paid Sick Leave
Colorado Governor Polis recently signed into law an amendment to the Colorado Equal Pay for Equal Work Act (the Act), most of which will be effective Jan. 1, 2024 (the
Continue Reading Colorado’s Equal Pay Act: Amended Job Notification Requirements and Increased Enforcement Ahead
On Aug. 7, 2023, Colorado employers’ workplace obligations will change due to the passage of the Protecting Opportunities and Workers’ Rights Act (the POWR Act). The POWR Act, which Governor
Continue Reading New Act Expands Colorado Anti-Discrimination Law and Limits Non-Disclosure Agreements
On Jan. 12, 2023, the U.S. Occupational Safety and Health Administration (OSHA) announced another increase in the maximum civil monetary penalties for violations of federal Occupational Safety and Health standards
Continue Reading No Longer a Slap on the Wrist: OSHA Continues to Raise Its Maximum Penalty Amounts
On Jan. 5, 2023, the Federal Trade Commission (FTC) took a significant step towards banning noncompete agreements between companies and workers. The FTC proposed a broad rule that would effectively
Continue Reading Federal Trade Commission Seeks Industry Comment On Proposed Noncompete Ban
California employers know the holidays bring chilly nights (by California standards), holiday cheer, decked halls, and… ringing in the New Year with a host of new employment laws and compliance
Continue Reading ’Tis the Season for California’s 2023 Legislative Update: Employer Considerations
On Oct. 11, the United States Department of Labor (DOL) issued a proposed rule that would change the definition of “independent contractor” for companies, a modification that could impact worker
Continue Reading Department of Labor Proposes to Reinstate Economic Realities Test for Independent Contractors Under FLSA
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions