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In Lucht's Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition covenant entered into after the commencement of employment. The 2022 amendments to the Colorado noncompete statute (C.R.S. 8-2-113) now call that holding into question.
Since 2020, New York State (“NYS”) and New York City (“NYC”) have passed laws aimed at alleviating gender- or race-based wage disparities.
On March 15, 2022 – National Pay Equity Day in the US - the Office of Federal Contract Compliance Programs (“OFCCP”) issued its first directive under the Biden administration, Directive 2022-01 (the “Directive”). The Directive outlines federal contractors’ new obligation to produce pay equity audits to the OFCCP and confirms earlier signals that the agency will have a renewed and aggressive focus on pay discrimination under the Biden administration.
As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations. This is especially true for employees with caregiving responsibilities for children, spouses, partners, older relatives, individuals with disabilities, and others. As a result, on March 14, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) published new guidance for employers regarding the application of existing federal employment discrimination legal principles involving caregivers to situations related to the COVID-19 pandemic (the “Guidance”).
BCLP has been tracking enacted biometric privacy statutes and proposed legislation across the United States. This Alert provides a map highlighting the current status of biometric privacy-related laws and pending legislation. Existing laws have led to a boon of class action litigation for claimed violations of biometric privacy rights. It is therefore imperative that businesses remain informed of their obligations, which are increasingly expanding and arising in new jurisdictions. BCLP continues to monitor as newly proposed legislation proliferates. Please check back here periodically for updates.
With OSHA’s COVID-vaccination mandate now stayed (almost certainly forever), and the vaccination mandate for government contractors also stayed (probably forever), U.S. employers must decide whether to impose their own COVID vaccination mandates on employees. And state laws will have something to say about that.