Nathan A. Schacht

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Under the POWR Act, Colorado Workplace Harassment Law Departs from Federal Standards

By Nathan A. Schacht and Alexis Opper on July 12, 2023 Posted in Harassment

In the next two months, significant changes are coming to Colorado’s Anti-Discrimination Act, otherwise known as CADA. The Protecting Opportunities and Workers’ Rights (POWR) Act creates a new, lower standard for workplace harassment, in addition to limiting the enforceability of nondisclosure agreements and creating new recordkeeping obligations for employers. The POWR Act was signed by … Continue Reading

Big Changes Coming to Colorado Noncompetition Law

By Nathan A. Schacht and Alexis Opper on July 1, 2022 Posted in Non-Compete

Colorado employers have less than two months to bring their noncompetition restrictions into compliance with HB22-1317, a bill passed by the Colorado Legislature in May 2022. HB22-1317, also known as the Restrictive Employment Agreements Act (the Act), will significantly change Colorado’s restrictive covenants statute, C.R.S. § 8-2-113, limiting the enforceability of noncompetition and customer nonsolicitation … Continue Reading

Colorado Supreme Court Resolves ‘Use-It-or-Lose-It’ Conundrum in Decision Providing Long-Awaited Clarity for Employers

By Jacob A. Bruner and Nathan A. Schacht on July 16, 2021 Posted in Colorado

On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon separation of employment, even where an agreement or policy authorizing forfeiture of such pay exists. The impact of the ruling is significant, as … Continue Reading

Colorado Joins Coalition of States Expanding Antidiscrimination Laws to Include Protections for Gender Identity and Gender Expression

By Nathan A. Schacht and Jacob A. Bruner on June 7, 2021 Posted in Colorado

On May 20, 2021, Colorado Gov. Jared Polis signed into law HB21-1108, known as the Gender Identity Expression Anti-Discrimination Act (the Act). In relevant part, the Act updates Colorado’s nondiscrimination provisions applicable to individuals seeking protection on the basis of “sexual orientation,” including by adding the terms “gender expression” and “gender identity” to 48 areas … Continue Reading

Back to Work: Montana Enacts Pro-Employer Changes to Wrongful Discharge Law While Becoming the First State to Protect Employees Based on Vaccination Status

By Nathan A. Schacht and Jacob A. Bruner on May 27, 2021 Posted in Wrongful Discharge

In a flurry of activity this spring, the state of Montana implemented several changes to how employers may do business in Montana. To start, several amendments to Montana’s Wrongful Discharge from Employment Act (WDEA) provide increased flexibility to Montana employers. In addition, amendments to Montana’s Human Rights Act add new COVID-19-related protections for employees based … Continue Reading

Coloradans Vote to Give All Employees in the State Paid Family and Medical Leave

By Nathan A. Schacht and Keeley O. Cronin on December 8, 2020 Posted in Colorado

On November 3, 2020, Colorado voters placed their ballots in favor of Proposition 118 – a first-of-its-kind ballot initiative. In passing the Paid Family and Medical Leave Insurance Act (FAMLI), Colorado joined just eight other states and the District of Columbia in creating a state-level paid family and medical leave program. The benefits under FAMLI … Continue Reading

Exploring Potential Liability under Colorado’s Lawful Off-Duty Activity Statute in 2020

By Nathan A. Schacht and Jacob A. Bruner on August 28, 2020 Posted in Colorado

Today’s political and social climate has brought significant changes to the workplace. Employers are adapting to a remote workforce, COVID-19 regulations, political protests and the upcoming election. Regardless of whether political speech and activity in your workplace have already caused noticeable workforce fragmentation or provided challenges to your human resources and management teams, it is … Continue Reading

Reminder: Beginning Jan. 1, Colorado Employers Have Strict Requirements Under the Equal Pay for Equal Work Act

By Nathan A. Schacht and Jacob A. Bruner on August 26, 2020 Posted in Wage and Hour

As we reported in our blog post in June 2019, last year, Colorado started the process of tightening its protections for pay equity. The state’s Equal Pay for Equal Work Act (the Act), which was signed into law last year, takes effect on Jan. 1, 2021, and results in requirements that employers should immediately consider. … Continue Reading

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

By Jacob A. Bruner and Nathan A. Schacht on February 13, 2020 Posted in Wage and Hour

Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights … Continue Reading

Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

By Nathan A. Schacht on June 14, 2019 Posted in Policies, Wage and Hour

Colorado’s 2019 legislative session was busy, including producing a trio of new employment laws that tighten regulations on employers in the areas of pay equity, criminal history inquiries and wage theft. Employers face comprehensive changes and should review pay practices, application processes, advancement and promotion policies, and employee record-keeping to comply with these new laws.… Continue Reading

Colorado Takes a Strict Stance in New Equal Pay for Equal Work Act

By Nathan A. Schacht on June 5, 2019 Posted in Wage and Hour

Colorado tightened its protections for pay equity when the state’s Equal Pay for Equal Work Act (the “Act”) was signed into law on May 22. The Act, which will take effect on Jan. 1, 2021, provides protections more demanding than those of federal laws and results in changes that employers should immediately consider. Background The … Continue Reading

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

By Nathan A. Schacht and Jacob A. Bruner on October 10, 2018 Posted in Department of Labor, FLSA

On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered … Continue Reading

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical Marijuana Outside of Work

By Nathan A. Schacht on June 18, 2015 Posted in Supreme Court

On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana during off-duty time. The Colorado Supreme Court held that because medical marijuana use is unlawful under federal law, a Colorado … Continue Reading

Layoffs in the Energy Sector – Are Employers Prepared?

By Nathan A. Schacht on January 22, 2015 Posted in Energy Industry

Over the past few weeks, the media has focused intently on the oil and gas industry’s extensive layoffs. Well known energy companies have made front-page news with their announcements of their significant layoffs that have often resulted in the termination of thousands of employees or a significant percentage of their workforce. This trend, it appears, … Continue Reading

New Year, New Colorado Employment Laws

By Nathan A. Schacht on January 7, 2015 Posted in Wage and Hour

As Coloradans rang in 2015, new Colorado employment laws and regulations were also ushered into effect. These laws, all effective January 1, 2015, add protections and generally benefit employees while likely creating new compliance requirements (and, potentially, headaches) for Colorado employers. Colorado Minimum Wage Effective January 1, 2015, Colorado’s minimum wage rose $.23 — to … Continue Reading

Texas Files Suit to Strike Down EEOC Background Check Guidance

By Amy J. Traub, Nathan A. Schacht and Todd Lebowitz on November 12, 2013 Posted in Background Checks, Discrimination, EEOC

Don’t mess with Texas. The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal lawsuit that seeks to strike down the EEOC’s April 2012 Enforcement Guidance limiting employers’ use … Continue Reading

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and Internet Usage?

By Nathan A. Schacht on August 1, 2013 Posted in Invasion of Privacy

Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation. While the dust seems to have settled, at least publicly, for Harvard, its actions brought to the forefront an issue that sometimes flies under an employer’s … Continue Reading