As we previously reported on April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning employers from entering into, enforcing or attempting to enforce most postemployment noncompete clauses (the Rule)....more
Colorado’s 2024 legislative session saw the passage of numerous laws that bolster employee protections and increase penalties for employers that violate key Colorado employment statutes. These recent updates continue the...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas (the Court) issued a memorandum opinion and order that enjoined the U.S. Federal Trade Commission (FTC) from implementing or enforcing its Rule...more
On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more
On May 14, 2024, the U.S. Federal Trade Commission (FTC) held a webinar to provide further public guidance on compliance with its final rule that bans noncompete agreements for the vast majority of workers before it goes into...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted (in a 3-2 vote along party lines) to finalize and promulgate a final rule that bans noncompete agreements for the vast majority of workers....more
California law has for many years treated agreements that restrain one from engaging in a lawful profession, trade, or business as void and unenforceable, unless an exception applies. This applies to most non-compete and...more
2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more
This year brought many changes to Colorado’s employment laws, as we discussed in our previous Insight. On January 1, 2024, implementing rules for the Colorado Family and Medical Leave Insurance (FAMLI) Act and the Colorado...more
Buckle up, Colorado employers. As a result of the 2023 legislative session, Colorado passed several laws that either created new rights for employees or materially amended existing employee rights. This year’s changes...more
On May 30, 2023, the General Counsel for the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance regarding the lawfulness of noncompete agreements and provisions. The General Counsel’s latest...more
On May 11, 2023, the Minnesota Legislature agreed to a new law rendering void and unenforceable all future covenants not to compete, with limited exceptions for agreements entered into in connection with the sale or...more
It’s no secret that employee non-compete — and, to a related extent, non-solicitation — restrictions are increasing disfavored and targeted across the U.S., both on a federal and state level. We’ve recently written about the...more
On Tuesday, January 10, 2023, Denver Mayor Michael Hancock signed Bill 22-1614 after it passed the Denver City Council the previous day by unanimous vote. With the Bill’s passage comes increased penalties and new requirements...more
Colorado’s long-anticipated Family and Medical Leave Insurance (FAMLI) program is right around the corner for employee use — but employer requirements are already here. Effective January 1, 2023, employers have certain...more
Colorado’s Healthy Families and Workplaces Act (the HFWA) requires employers provide up to two weeks of supplemental paid sick leave — often referred to as public health emergency leave (PHEL) — when a public health emergency...more
Southwest Airlines Co. has filed a complaint for declaratory judgment in the U.S. District Court for the District of Colorado challenging the application of the Colorado Healthy Families and Workplaces Act (HFWA) to its...more
Beginning August 10, 2022, Colorado will drastically narrow the circumstances in which Colorado employers can seek to enforce noncompete and other restrictive employment agreements. Despite Colorado law already having a...more
New Wage and Hour Rules in Colorado The Colorado Department of Labor and Employment (CDLE) has adopted the Colorado Overtime and Minimum Pay Standards (COMPS) Order #38 and new Wage Protection Rules as well as the 2022...more
Fall 2021 Rulemaking -
The Colorado Department of Labor and Employment (CDLE) has proposed revised language for the wage and hour rules that, if adopted, will become effective as early as January 1, 2022. Specifically, the...more
On May 27, 2021, Judge William Martínez of the U.S. District Court for the District of Colorado issued an order rejecting a legal challenge to the Colorado Equal Pay for Equal Work Act (CEPEWA) that had been brought by the...more
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into...more
3/23/2021
/ Coronavirus/COVID-19 ,
Covered Employees ,
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Employee Benefits ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
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New Legislation ,
Notice Requirements ,
Paid Leave ,
Retroactivity ,
Sick Leave ,
State and Local Government ,
State Legislatures ,
Supplemental Benefits ,
Wage and Hour ,
Wage Statements
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into...more
On January 11, 2021, Muriel Bowser, the Washington, D.C., mayor, signed the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 (the Act). In doing so, the District follows the recent trend set by other states, including...more
On November 30, 2020, the California Office of Administrative Law adopted the California Department of Industrial Relations’ Division of Occupational Safety and Health’s (Cal/OSHA) emergency temporary standards, which were...more