Technical Foul: Nuggets Mascot Claims Wrongful Termination
By Liz Hartsel A recent lawsuit illustrates the potential liability employers face when making assumptions about an employee’s disability limitations. Drake Solomon, who spent three years energizing crowds as the Denver Nuggets’ mascot, Rocky, recently sued his employer, Kroenke Sports & Entertainment, alleging claims of disability discrimination and retaliation. He also alleges that his supervisors […]
Colorado Enacts Major Reforms to Noncompete and Nonsolicit Agreements for Healthcare Professionals and Business Sales
By Liz Hartsel Colorado has taken another significant step in reshaping the landscape of employment restrictive covenants with the passage of Senate Bill 25-083, which significantly changes noncompete and nonsolicit agreements for healthcare professionals and protects minority stakeholders in business transactions. SB 25-083 is not retroactive and will apply only to agreements entered into or renewed […]
2026 FAMLI Update: New NICU Leave Entitlement and Lower Premium Rates
By Liz Hartsel Starting January 1, 2026, Colorado employers will see changes to the Family and Medical Leave Insurance (FAMLI) program, including additional leave for parents with newborns in the neonatal intensive care unit (NICU) and a modest reduction in premium rates. Additional 12 Weeks of Leave for NICU Stays Under new legislation signed by […]
Colorado Wage Act Amendments Take Effect August 6, 2025: Tougher Penalties, Broader Employer Liability, and Expanded Employee Protections
By Liz Hartsel Amendments to the Colorado Wage Claim Act, C.R.S. § 8-4-101, et. seq. (“Wage Act”) take effect on August 6, 2025. These amendments strengthen enforcement mechanisms, expand employer liability, and enhance protections for employees. Increased Penalties for Misclassifying Employees as Independent Contractors The amendments to the Wage Act introduce fines for misclassifying employees as […]
Client Alert for Colorado Employers: Non-Compete Salary Thresholds Increase Jan. 1, 2025
By Liz Hartsel Under Colorado law, the salary threshold for highly compensated workers will increase in January, directly impacting whether non-compete agreements are enforceable. In our previous blog post regarding changes to the enforceability of non-compete agreements, we explained that an employer’s ability to use or enforce non-compete agreements (including the non-solicitation of customers) is […]
DOL Salary Rule Vacated: What Employers Need to Know Now
By Liz Hartsel In a significant development for employers nationwide, the U.S. Department of Labor’s (DOL) April 2024 Final Rule, which sought to raise the minimum salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA), was recently vacated by a Texas federal district court, restoring the prior thresholds. The Court’s Decision The […]
Client Alert: Colorado Supreme Court Mandates Inclusion of Holiday Incentive Pay in Overtime Calculation
By Liz Hartsel The Colorado Supreme Court recently issued a significant decision regarding overtime calculations under Colorado law, ruling that holiday incentive pay must be included in an employee’s “regular rate of pay” when calculating overtime. This decision stems from a case involving an Amazon warehouse employee in Colorado who argued that Amazon incorrectly excluded […]
FTC’s Non-Compete Rule Overturned: Employers Can Continue Enforcing Agreements Under State Laws
Earlier this year, the Federal Trade Commission (FTC) previously voted 3-2 to implement a comprehensive ban on non-compete agreements nationwide, calling them an “unfair method of competition” (the “Rule”). The Rule (and the nationwide ban), which Fortis sent a previous client alert about, was set to take effect on September 4, 2024. However, on August […]
Employer Alert: Federal Pregnant Workers Fairness Act (PWFA) Final Rules Goes into Effect June 18, 2024
By Liz Hartsel Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule implementing the Pregnant Workers Fairness Act (PWFA), which requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations “related to, affected by, or arising out of pregnancy, […]
Employer Alert: New Salary Requirements for Exempt Employees Begin in July
By Leni Plimpton In a long-awaited announcement, the United States Department of Labor (“DOL”) issued a final rule raising the minimum salary requirements under the Fair Labor Standards Act (“FLSA”). While salaried employees already easily meet the minimum in some labor markets, the announcement is still important news that will affect many employers. The new […]
