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Colorado Employers: Prepare Now for Extensive New Overtime and Minimum Pay Standards

Note: This alert has been revised to reflect updates to the rule that were posted to the Colorado Department of Labor and Employment’s website. Colorado employers should take steps now to ensure compliance with the new...more

Colorado and Denver Ring in 2020 With Minimum Wage Hikes

Starting January 1, 2020, Colorado’s minimum wage will increase from $11.10 to $12 per hour. The minimum wage for tipped employees will increase from $8.08 to $8.98 per hour. In 2021 and annually thereafter, Colorado’s...more

Colorado Court Finds Agreements Between Employers and Employees Govern Payment of Accrued Vacation Upon Termination

Colorado employers recently received important clarification regarding their obligation to pay out accrued vacation time upon an employee’s termination. In Nieto v. Clark’s Market, ___ P.3d ___ , 2019 WL 2621236 (Colo. App....more

Colorado Court of Appeals Declines to Revise Overly Broad Noncompetition Agreements

Colorado employers may want to consider whether their noncompetition agreements are narrowly tailored to meet their needs or whether some revision may be prudent, in light of a decision rendered by the Colorado Court of...more

Colorado Enacts New Minimum Wage and ‘Ban the Box’ Laws

A pair of new state laws will significantly impact Colorado employment practices. For employers in the Centennial State, now is the time to begin preparing for potential local changes to the minimum wage and the coming...more

Supreme Court Ruling May Encourage Reporting of Suspected Violations to the SEC

On February 21, 2018, the U.S. Supreme Court clarified and narrowed the definition of “whistleblowers” who, under the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, are eligible for bounties and protected...more

Franchise Industry Victory: McDonald's Defeats Joint Employment Claim Based on Ostensible Agency Theory

On March 10, 2017, a federal court in California granted summary judgment in favor of McDonald’s and dismissed joint employment claims that had been brought against it by employees of one of its franchisees. In Salazar v....more

Two New SEC Orders Further Limit Employers' Ability to Secure Employee Releases and the Breadth of Confidentiality Agreements

The Securities and Exchange Commission (SEC) has issued two orders challenging employee confidentiality agreements and indicating that companies must not condition employees’ receipt of severance payments and other...more

Securities and Exchange Commission Awards $5 Million to Whistleblower

The Securities and Exchange Commission (SEC) announced May 17, 2016, that it will award between $5-6 million to a former company insider who provided detailed information to the SEC, paving the way for the agency to “uncover”...more

"Use-It-Or-Lose-It" Vacation Policies Declared Permissible in Colorado

The Colorado Department of Labor-Division of Labor has issued much needed guidance confirming that "use-it-or-lose-it" vacation policies are permissible under the Colorado Wage Protection Act provided that the policy is...more

Colorado Supreme Court Confirms Medical Marijuana Use Is Not Protected by Colorado's Lawful Activities Statute

On June 15, 2015, in a highly anticipated but not unexpected decision, the Colorado Supreme Court held that medical marijuana use, which is unlawful under federal law, is not a “lawful activity” under Colorado’s lawful...more

Don't Silence the Whistle: SEC Enforcement Action Attacks Employer's Confidentiality Agreement as Whistleblower Interference

On April 1, 2015, the Securities and Exchange Commission (SEC) announced its first enforcement action based upon improperly restrictive language in a Houston-based technology and engineering firm’s employee confidentiality...more

Minimum Wage and Overtime Provisions to be Extended to Home Health Care Workers

On September 17, 2013, the United States Department of Labor announced a final rule which will extend the Fair Labor Standards Act’s minimum wage and overtime provisions to home health care workers. Some two million home...more

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