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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 […]

Wells, Anderson & Race, LLC congratulates our colleague Lindsay Dunn, who – in addition to her busy law practice focusing on civil litigation, extra-contractual insurance defense, insurance defense, and insurance coverage – is teaching Deposition Skills as an Adjunct Faculty Member of the University of Colorado School of Law this Spring.

The Colorado Supreme Court recently clarified that individual employees of insurance companies cannot be held liable for violations of C.R.S. § 10-3-1115, unreasonable delay or denial of payment for a claim for insurance benefits. In Skillet v. Allstate Fire & Cas. Ins. Co., 2022 CO 12, the Court confirmed that Section 1115 (and the corresponding […]

On March 17, 2022 Bill O’Connell and Katie Pratt are presenting “Trial and Error: 50 Mistakes Even Experienced Trial Attorneys Make,” hosted by the National Business Institute. Defense litigation colleague Jason Young is also a co-presenter. The CLE will cover a host of trial issues including voir dire and jury selection, opening statement pitfalls, blunders […]

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.  […]

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