If you are an employer and have legal questions, please give us a call to see how we can help you.
The COVID-19 crisis demands collaboration, unity, and common purpose. Unfortunately, that isn’t always the case, as Employers are currently facing a lot of both old and new legal issues and financial struggles, among them:
• Understanding Force Majeure
• Contractual obligations and impracticability of performance
• Rent Abatements
• Furloughs v Layoffs
• Paid time off or Sick Leave
• Family Medical Leave Act (“FMLA”)
• Potential wage and hour issues
• Layoffs and Federal WARN Act
• Update on Paid Leave & the Emergency Families First Coronavirus Act (H.R. 6201)
• Employers affected by the Bill
• Emergency Family and Medical Leave Act
• Emergency Paid Sick Leave Act
• Employer Tax Credits for Emergency Family and Medical Lease and Paid Sick Leave
COVID PANDEMIC ISSUES FOR EMPLOYERS
Covid-19, and governmental responses to the spread of the virus, has created unprecedented concerns for businesses. In this course we will discuss how to manage major expenses including, but not limited to, rental, salary and other contractual obligations, and newly proposed and/or enacted legislation in response to the pandemic.
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NEW LAW IN COLORADO FURTHER RESTRICTS NONCOMPETE AGREEMENTS
Colorado has long prohibited most restrictive employment agreements. However, additional laws became effective August 10, 2022. These new laws present additional obligations and further restrict the ability of employers to impose non-compete agreements and other restrictive covenants against their employees.
Some of the key changes to Colorado law include:
- Non-compete agreements are now only enforceable against employees who earn at least $112,500 per year.
- Customer non-solicitation agreements are now only enforceable against employees who earn at least $67,500 per year.
- Separate written notice must be provided to current and prospective employees of both non-compete and customer non-solicitation agreements, and a copy of the notice must be signed by the employee.
- The employer must provide current employees with a copy of the agreement at least 15 days before the employee signs it.
Consistent with prior law, restrictive employment agreements must be reasonable in scope and duration.
Violation of the law may be charged as a class 2 criminal misdemeanor and offenders may be fined $5,000 per offense. The employee may also sue the employer for damages and recover their attorney’s fees.
Here are some additional things to keep in mind about the new law:
- The law applies to all employers, regardless of their size.
- The new law likely applies to independent contractors in addition to employees.
If you are an employer or an employee in Colorado, it is important to be aware of the new law and its implications. If you have any questions about the law, you should consult with an attorney.
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Please note that we do not represent employees, other than occasional highly-compensated executives and professionals with review of executive compensation, non-compete, or severance agreements. If you are an employer, please call us at 303-688-3045 to see how our legal professionals can help.
