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
Now that the U.S. Supreme Court’s 2022-2023 term has ended and the dust has (somewhat) settled, employers are no doubt assessing the impact the Court’s decision in Groff v. DeJoy
Continue Reading The Devil’s in the Details: Employee Religious Accommodation Requests After Supreme Court’s Decision in Groff v. DeJoy
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of
Continue Reading Employer Considerations After SCOTUS Rules College Admissions Policies that Consider Race a Factor Unconstitutional
Employers who play music in the workplace – or allow employees to play music in the workplace – beware. The Ninth Circuit Court of Appeals recently held that the content
Continue Reading ‘PARENTAL ADVISORY’: How Music in the Workplace Can Lead to Liability
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
The federal Pregnant Workers Fairness Act (PWFA or the Act) will take effect June 27, 2023. The Act requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations
Continue Reading Pregnant Workers Fairness Act Requires Employers to Provide Reasonable Accommodations Effective June 27
On May 30, 2023, the U.S. Court of Appeals for the Eleventh Circuit found that online pet retailer Chewy, Inc. was not liable under the Occupational Safety and Health Act
Continue Reading Under-Whelmed by an ‘Under-Ride’ Hazard: 11th Circuit Vacates General Duty Clause Violation on Preemption Ground