The Rocky Mountain Employer

“On May 8, 2024, in the Starbucks Corp. v. McKinney litigation, the United States Supreme Court resolved federal Courts of Appeals' split on the standard that the National Labor Relations Board must satisfy when seeking a federal court preliminary injunction to enjoin the alleged unfair labor practices of employers under Section 10(j) of the National Labor Relations Act.”

“On June 4, 2024, the Eighth Circuit Court of Appeals (the “Eighth Circuit” or “Court”) issued its ruling in Howard v. City of Sedalia where it held that employers need not accommodate employees if the accommodation would also assist a disabled employee off the clock as well.”

“On May 31, 2024, Governor Polis signed into law HB-1130, amending and expanding the reach of the Colorado Privacy Act (“CPA”) by imposing specific requirements on employers regarding their handling of biometric data.”

“On May 17, 2024, Governor Jared Polis signed the Colorado Artificial Intelligence Act (SB24-205, or the “CAIA”) into law, which is intended to prevent or minimize discrimination stemming from the use of artificial intelligence systems.”

“On May 8, 2024, the Colorado General Assembly concluded its 2024 Regular Session, approving 525 bills out of the 705 bills introduced, and with Governor Polis still needing to sign (or veto) approximately 330 bills.“

“Effective July 1, 2024, the U.S. Department of Labor (“DOL”) will increase the minimum salary threshold necessary for exemptions to the Fair Labor Standards Act’s (“FLSA’s”) overtime requirements for executive, administrative, and professional employees—including the salary thresholds for “highly-compensated employees” under the FLSA.”

“On May 2, 2024, the Colorado Court of Appeals (the “court”) issued its decision in Life Care Centers of America v. Industrial Claim Appeals Office, holding that COVID-19--depending on the circumstances—can satisfy the statutory definition of an occupational disease under the Workers’ Compensation Act of Colorado.”

“On April 23, 2024, the Federal Trade Commission (“FTC”) issued its final Non-Compete Clause Rule (the “Rule”), which is set to become effective 120 days after it is published in the Federal Register.“

“On April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”)  released its highly anticipated revised rules (“Final Rules”) regarding interpretation and enforcement of the Pregnant Workers Fairness Act (“PWFA”).”

“On April 17, 2024, the United States Supreme Court issued its decision in Muldrow v. City of St. Louis,[1] and held that an employee alleging that his or her job transfer was discriminatory in violation of Title VII of the Civil Rights Act of 1964 need only show that the transfer left them worse off in order to state a cognizable discrimination claim.”

“On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule regarding who may be designated to represent employees during physical worksite inspections conducted by OSHA Compliance Safety and Health Officers (“CSHOs”), colloquially referred to as the “Walkaround Rule”.“

“After a two-day trial on the merits of Robert Varkonyi’s claim that his employer failed to accommodate his request for a religious exemption from the company’s COVID-19 vaccination requirement, a jury returned a verdict finding that undue hardship would result to the employer if the request were granted.“

“In the wake of a contentious unionization effort, Denver Art Museum (the “Museum”) workers successfully unionized on March 7th, 2024.”

“On March 13, 2024, Colorado’s high court heard argument from the parties in Hamilton v. Amazon.com Services LLC, a federal proposed class action against the retail giant challenging the company’s calculation of overtime pay when employees work shifts already paid at a premium “holiday incentive pay” rate.”

“Colorado may join a small number of other states (Connecticut, Maine, New York, Minnesota, and Oregon) which have passed legislation banning mandatory “captive audience” meetings in the workplace.  House Bill 24-1260, introduced on February 12, 2024, and set to be heard by the Business Affairs & Labor Committee on March 20, 2024, would prohibit employers from requiring employees to attend meetings, listen to speech, or view communications concerning “religious or political matters”—including speech related to labor organizations and unionization—and would create a private right of action for violations of the same.”

“Beginning July 1, 2024, Colorado’s new Job Application Fairness Act (“JAFA” or the “Act”) will go into effect, which will restrict the ability of Colorado employers to inquire into the age of job applicants, or else risk civil penalties.”

“On February 8, 2024, the United States Supreme Court resolved a split among the lower Courts of Appeals regarding a plaintiff’s burden of proof in whistleblower retaliation cases where the plaintiff has been punished for reporting criminal fraud or securities violations under the Sarbanes-Oxley Act.”

“The Court of Appeals for the Tenth Circuit revived a medical professional's state age discrimination claim where the facts he alleged sufficiently implied he was terminated because of his age—notwithstanding that the plaintiff also alleged that his disability was the driving factor behind his termination.“

“n light of recent District Court and appellate decisions which have significantly reduced jury damages awards in federal discrimination cases based on existing caps on recoverable compensatory and punitive damages, these damages caps are now under scrutiny from both the Equal Employment Opportunity Commission (“EEOC”)’s General Counsel—Karla Gilbride—as well as, potentially, Congress itself.“

“In a recent federal lawsuit challenging Colorado’s Healthy Families and Workplaces Act (“HFWA” or the “Act”), plaintiff Airlines for America alleges that the Act unconstitutionally violates the dormant Commerce Clause because it creates conflicting regulations and unduly burdens interstate commerce.“