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As employers are well aware, Title VII of the Civil Rights Act of 1964, as amended by Congress in 1991, prohibits them from failing or refusing to hire or from discharging any individual, or otherwise from discriminating against an individual “because of” that individual’s sex, even if other factors in addition to sex motivated the […]

The Colorado Legislature recently passed the Healthy Families and Workplaces Act, which was signed into law on July 14, 2020.  See C.R.S. § 8-13.3-403.  The new law requires Colorado employers with more than 16 employees to provide 48 hours of paid sick leave to exempt and non-exempt employees beginning on January 1, 2021.  The law […]

Winnebago Case Update

For those manufacturers and sellers interested in enforcing the terms of a product warranty, the Tenth Circuit Court of Appeals provided good authority for enforcement of precise terms prior to filing any suit. The Court also recognized clearly the distinction between Winnebago, the manufacturer, and its dealers. In Platt v. Winnebago Industries, the Court affirmed […]

Katie Pratt recently spoke on a panel of employment law attorneys at the 2020 NAMWOLF Driving Diversity Conference.  The presentation focused on how the November 2020 election may impact a variety of employment law issues.  Katie spoke on the highly anticipated cases currently pending before the United States Supreme Court that will determine whether the […]

Bill O’Connell and Katie Pratt of Wells Anderson & Race recently defended the former Sheriff of Fremont County and the Board of County Commissioners in a suit arising from the death of a pre-trial detainee in the County jail. After a 6-day jury trial in Federal District Court in Denver, the jury found in favor […]

Following the Colorado Supreme Court’s decision in Calderon v. American Family Mutual Insurance Company two plaintiffs filed suit against State Farm Mutual Automobile Insurance Company on behalf of a potential group of similarly situated individuals who allegedly suffered a common claim. Those plaintiffs claimed that State Farm unlawfully set off prior medical payment coverage payments […]

Premises Liability Team Sees Benefits of Early Case Evaluation

Wells, Anderson & Race’s premises liability team, Katie Pratt, and Saugat Thapa, partner with several large national retailers to manage the high volume of premises liability cases brought in Colorado state and federal court. The team takes a proactive approach to case evaluation at the beginning of each case. This enables the group to focus […]

Age Discrimination Act

Supreme Court Finds that Small State and Local Governments Are Covered by the Age Discrimination in Employment Act.   At the end of the Court’s 2018 Term, the United States Supreme Court decided Mount Lemmon Fire Protection Dist. v. Guido, which addressed whether the Age Discrimination in Employment Act’s definition of “employer” applies to state […]

Social Media

As we all know, social media is ubiquitous. Between Facebook, Instagram, Twitter, or any number of other social media sites, many people utilize at least one (if not more) social media platform. These individuals’ social media profiles frequently contain a wealth of information regarding a person’s characteristics, background information, or their social activities. More importantly, […]

Gender Pay Equity in the #MeToo Era

Much has been written and said about the #MeToo Movement and its implications for em- ployers around the nation and in Colorado. Questions abound regarding how to handle sexual harassment allegations in the workplace in light of new emphasis on rooting out gender bias and abuse at work. Another long-simmering and related issue also merits […]

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