Passed by the Colorado State Legislature during the 2023 Regular Session, the Job Application Fairness Act (“JAFA”; SB 28-058) prohibits employers from requiring certain age-related disclosures on initial employment applications. JAFA places a limitation on initial employment applications, prohibiting employers from requesting or requiring applicants to provide their “age, date of birth, or their dates […]

On March 24, 2022, a new bill affecting restrictive employment agreements or covenants not to compete was introduced in the Colorado House of Representatives.  The bill has been assigned to the House Judiciary Committee.  If passed, the bill would make additional changes to the Colorado statute governing restrictive employment agreements.  A copy of the bill’s […]

Colorado has had a statute governing non-compete agreements on the books for many years.  In general, non-compete agreements are void under Colorado law.  There are limited exceptions for: (a) restrictions in a contract for the purchase or sale of a business or the assets of a business; (b) contracts protecting trade secrets; (c) contracts that […]

On February 10, 2022, the U.S. Senate, by voice vote, approved the passage of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” which overwhelmingly passed the House earlier this week.  President Biden has expressed support for the Act and is expected to sign the legislation into law.  The Act invalidates arbitration agreements […]

The 2022 Legislative Session is underway in the Colorado General Assembly. Two bills have been introduced so far that could impact Colorado employers. More bills may be introduced as the session continues. In House Bill 22-1130, the legislature is being asked to consider rolling back the requirement that Colorado employers with fewer than 16 employees […]

In 2020, The Colorado Department of Labor and Employment issued guidance (INFO #6A and #6B) to employers regarding the Healthy Families and Workplaces Act (“HFWA”). INFO #6C summarizes how paid leave differs (1) from requirements in 2020 to those in 2021; and (2) between federal and Colorado law. These Colorado Department of Labor and Employment […]

As businesses around Colorado ring in the New Year, employers should be aware that the latest Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #38, Wage Protection Rules, and 2022 PAY CALC went into effect on January 1, 2022.  There are several key points for employers to be aware of: Under the new Wage […]

Unrein v. PHC-Fort Morgan, Inc.

In April 2021, the United States Court of Appeals for the Tenth Circuit decided Unrein v. PHC-Fort Morgan, Inc., 993 F.3d 873 (10th Cir. 2021).  The plaintiff, a clinical dietician, sued after she was terminated from her job at the defendant’s medical center alleging discrimination under the Americans with Disabilities Act and its Colorado counterpart.  […]

On June 23, 2021, Governor Polis signed the Veterans’ Preference Hiring Bill (HB 21-1065) which permits, but does not require, private employers to give preference in hiring to the following categories of individuals provided that the individual is at least as qualified as all other applicants: 1) a veteran of the armed forces; 2) a […]

In light of the ongoing concerns regarding COVID-19, it is wise for all Colorado employers to revisit the requirements of a new whistleblower statute enacted by the Colorado legislature in July 2020.  On July 11, 2020, Colorado enacted the Public Health Emergency Whistleblower Law (“PHEW”), which went into effect immediately.  Although it was passed during […]

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