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We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
Updates
Think You Aren't a Colorado Employer? Colorado Thinks Otherwise
Employers with employees, including remote workers, who live or work in more than one state have likely already faced the challenge of determining what employment laws apply, the work they apply to, and when. In recent years, the Colorado legislature has pushed to be on the cutting edge in this area, giving states that have traditionally been seen at the forefront of this topic, like California, a run for the title. As part of these efforts, we've seen the state take an aggressive approach when defining who these employment laws apply to. In many instances, according to the state of Colorado, these laws may apply even if your company has no traditional work site in Colorado. Do you let an employee work remotely from Colorado? Do any of your workers come into the state, even occasionally, for work?
Considering Restrictive Covenants in Colorado? Get Ready to Jump Through Hoops
While the Federal Trade Commission's (FTC) April 2024 sweeping rule prohibiting noncompete agreements has been top of mind for many employers, the rule may not be so surprising for businesses using restrictive covenants for employees and independent contractors located in Colorado. In August 2022, Colorado enacted legislation severely restricting the circumstances in which covenants not to compete and non-solicitation provisions are permissible. The legislation also curtailed the use of confidentiality agreements. Businesses with workers in Colorado and elsewhere are well advised to work with competent employment counsel to ensure compliance with state laws, which often differ significantly with respect to restrictive covenants. This article provides an overview of Colorado's approach to restrictive covenants.
Colorado Laws Complicate Multi-Jurisdictional Leave Policies
Colorado, like a growing number of other states, requires that employers provide specific types of employee leave. Many state-mandated leave laws have common elements (with some even having identical, overlapping language), but rarely will an employer's existing multi-jurisdictional leave policy satisfy the myriad state-specific requirements. Even those employers with a single employee working in Colorado need to be mindful of the nuances of the Centennial State's leave laws. To ensure compliance, employers should make sure their multi-jurisdictional policies are current and drafted broadly enough to capture various state requirements or, alternatively, prepare state-specific policy and handbook addendums.
Colorado's Landmark AI Law: Essential Insights for Businesses
On May 17, 2024, Governor Jared Polis signed into law Colorado Senate Bill 24-205 (SB205), pioneering a comprehensive regulatory framework for artificial intelligence (AI) systems. This landmark legislation, among the first of its kind in the United States, imposes rigorous standards on businesses employing "high-risk" AI tools in critical sectors like employment, housing, finance, education, and healthcare. In his signing statement, Governor Polis expressed concerns about potential impacts on technological innovation, calling for further refinement of the bill's provisions and advocating for a cohesive federal approach to AI regulation. Understanding this new law is crucial for entities operating in Colorado looking to minimize their legal risk and promote compliance.
Attorney Spotlight
Beth Ann Lennon: The success of most companies hinges on their employees, making employee relations a key part of an effective business plan. Add to this the ever-growing and ever-evolving patchwork of employment laws and government expectations being imposed on companies, and it has never been harder to be an employer. My mission as an employment law attorney is to understand the business objectives of my clients and keep those as the lodestone when helping navigate the issues we are working on together. Whether I am helping an employer navigate the patchwork of often inconsistent employment law requirements or defending the company when employment litigation commences, when you are my client, I am on your team and in your corner.
Emily Keimig: With over three decades of experience working in litigation, labor and employment, and the quickly changing landscape of privacy law, my practice involves representation of my clients from the advice and counsel stage through crisis response and litigation. Working across industries, I focus primarily on matters related to information/electronic data governance, data privacy and protection, restrictive covenants, artificial intelligence, and the impact of technology and e-communication in the workplace and beyond. Working on the forefront of these rapidly evolving legal issues has been incredibly interesting and rewarding.
Carissa Davis: Because most businesses have employees, labor and employment law provides the unique opportunity to partner with clients across industries to address some of the most interesting (and often juicy) legal issues. I find genuine fulfillment in standing shoulder to shoulder with my clients to proactively ensure compliance, mitigate risk, and litigate both complex and single-plaintiff cases. My goal is to build trusting and lasting relationships with my clients so they can rest assured they have an effective and efficient ally who is devoted their success.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.