News & Insights

DOL Raises Minimum Salary Thresholds for Overtime Exemptions

The DOL recently issued a new rule significantly raising the minimum salary thresholds for employees covered by certain overtime exemptions.  

Colorado Job Application Fairness Act

JAFA prohibits employers from requesting or requiring information about a job applicant’s age or other age-related information “at the time of an initial employment application.” 

California Workplace Violence Prevention Plan

California requires virtually all employers to develop, implement and maintain an effective, written workplace violence prevention plan  (“WVPP”) by July 1, 2024.  

Update on FTC Final Rule Banning Non-Competes

The Final Rule banning non-competes was published on May 7, 2024, meaning it becomes effective on September 4, 2024, barring certain legal challenges. Lawsuits have been filed in Texas and Pennsylvania; however, to date, no court has issued a stay of the final rule.

 

Pregnant Workers Fairness Act

The EEOC recently issued a final rule on the Pregnant Workers Fairness Act (“PWFA”), which becomes effective on June 18, 2024.  The final rule provides clarity on who is covered, the types of conditions covered, how to request an accommodation and what documentation can be requested by the employer. 

FTC Bans Noncompetes

The Federal Trade Commission issued a final rule banning new noncompete clauses in almost all new employment contracts.

Notice Regarding Non-Competes/Non-Solicits for California Employees

California passed a new law effective January 1, 2024 requiring employers to notify current and former California employees who were employed on or after January 1, 2022 that any noncompete and customer nonsolicitation provisions are void and unenforceable. 

U.S. Department of Labor issues final rule on Independent Contractor Classification. 

The U.S. Department of Labor (DOL) has issued its final rule on the Independent Contractor Classification which will go into effect on March 11, 2024.

Changes to the Colorado Anti-Discrimiination Act

Effective August 7, 2023, the Protecting Opportunities and Workers’ Rights Act (“POWR Act”) will amend the Colorado Anti-Discrimination Act in several important ways.

Changes to Non-Disclosure Provisions in NDAs or Other Agreements

NDAs or other agreements entered into or renewed on or after August 7, 2023 that limit the employee’s ability to disclose or discuss alleged discriminatory or unfair employment practices are void unless the non-disclosure provisions meet certain requirements.

Changes to Record Retention Requirements

Effective August 7, 2023, employers must maintain personnel and employment records for at least 5 years and complaints of discriminatory or unfair employment practices must be maintained in a designated repository.  

Changes to Colorado Paid Leave Go Into Effect August 7, 2023

During the 2023 Colorado legislative session, legislators passed several new employment laws that will affect all Colorado employers including laws related to paid leave under the Healthy Families and Workplaces Act (“HFWA”).  

Big Win for Excess Carriers Regarding Presuit Notice

Excess property insurers recently earned a favorable ruling on what an insured's presuit notice must contain to avoid abatement under Chapter 542A of the Texas Insurance Code.

Colorado SecureSavings Program

Colorado SecureSavings is a new retirement savings program for employees of companies that do not offer an employer-sponsored retirement plan. 

First Colorado FAMLI Report Deadline Is Fast Approaching

The grace period for Colorado employers to submit Q1 premiums and wage reports ends on May 31, 2023. 

NLRB Decision Affecting Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

In late February, the National Labor Relations Board (“NLRB”) issued a decision in which it determined that common confidentiality and non-disparagement provisions in most severance agreements violate the National Labor Relations Act (“NLRA”) if the provisions have a tendency to interfere with workers’ organizing rights under Section 7 of the NLRA.

My FAMLI + Employer Open for Employer Registration

The Family and Medical Leave Insurance (FAMLI) employer portal called My FAMLI + Employer is now open for employers to register. This portal will be used to report wage data, send premium payments, and apply for a private plan exemption.