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Total Articles: 10

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

On September 20, 2018, the Colorado Court of Appeals issued an impressive 41-page decision on the scope of arbitration agreements and the duty of loyalty in Colorado, Digital Landscape Inc. v. Media Kings LLC, 2018 COA 142 (Colo. App. Sept. 20, 2018). The court concluded that clauses requiring arbitration of all claims “arising under” an agreement are broad and that such language is not intended to limit the scope of arbitrable claims. Indeed, the court held that such clauses can include even unpled claims for breach of the duty of loyalty by independent contractors that usurp an opportunity of the principal.

Security Breaches Costly and Inevitable? [Colorado]

On May 29, 2018, Governor Hickenlooper signed HB—1128 into law. Importantly, the Bill amends the State’s data breach notification law to require that affected Colorado residents be notified within 30 days of a data breach, and specifies the information that must be included in the data breach notice. The new law, which takes effect September 1, 2018, applies to “covered entities,” (if your business maintains, owns, or licenses information of Colorado residents, regardless of where the business or data is based, it is a “covered entity”), also sets forth certain data security requirements and adds requirements regarding the disposal of personal identifying information.

SCOTUS Rules Colorado Agency Violated Free Speech Rights in Wedding Cake Case

On June 4, 2018, the Supreme Court of the United States settled a controversy stemming from a bakery’s refusal to make a cake for a same-sex couple’s wedding reception. Justice Kennedy, writing for the majority, ruled that the Colorado Civil Rights Commission violated the Free Exercise Clause of the First Amendment by failing to consider the case with religious neutrality. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111, Supreme Court of the United States (June 4, 2018).

Colorado Strengthens its Consumer Data Protection Law

Back in January, Colorado lawmakers on both sides of the aisle introduced a groundbreaking new bill requiring “reasonable security procedures and practices” for protecting personal identifying information, limiting the time frame to notify affected Colorado residents and the Attorney General of a data breach, and imposing data disposal rules, HB 1128. Now, Colorado Governor John Hickenlooper has signed the bill into law, marking Colorado as a leader in data protection. The new law will take effect September 1, 2018, and has significant implications for certain private and public sector entities in Colorado.

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and all such claims. In other words, managers may now be personally on the hook for unpaid wage claims brought by current or former employees. The decision highlights the need for employers to create best practices to ensure the state’s wage and hour laws are followed, and should spur managers to take a specific interest in confirming compliance at their workplaces (Paradine v. Goei).

A "Rare" Amendment: Colorado Amends its Non-Compete Statute for the First Time Since 1982 to Protect Physicians Treating Patients with "Rare Disorders"

In 1982, the first compact discs were introduced, the Weather Channel debuted, the first artificial heart was successfully implanted in a human patient, and Colorado first enacted its statute governing covenants not to compete, section 8-2-113, C.R.S. Since then, to say that business and technology have changed a great deal would be a massive understatement. But not once since 1982 has Colorado amended section 8-2-113. Not until Governor John Hickenlooper signed Senate Bill 18-082 on April 2, 2018.

Colorado Supreme Court Attempts to Clarify Statute of Limitations Applicable to State Law Wage Claims

On March 5, 2018, the Colorado Supreme Court addressed a longstanding question regarding the statute of limitations applicable to claims brought under the Colorado Wage Claim Act (CWCA) by holding the Act’s statute of limitations reaches back only as far as three years preceding an employee’s termination of employment. The case, Hernandez v. Ray Domenico Farms, No. 17SA77, made its way to the supreme court when U.S. District Court Judge William Martinez sua sponte asked the supreme court to clarify two potentially conflicting sections in the CWCA: one establishing a statute of limitations for unpaid wage claims and another declaring all unpaid wages are due upon termination.

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.1 In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018) (“Hernandez”), the court held that claims under Colorado’s Wage Claim Act (the “Wage Act”) must be brought within two or three years of when the wages first become due and payable, overruling several decisions that held terminated employees could make a claim for any unpaid wages earned during the entire course of their employment.

Colorado Law Claims for Unpaid Wages Limited to Two or Three Years Prior to Termination

Under the Colorado Wage Claim Act (CWCA), a terminated employee’s right to seek unpaid wages or compensation at termination is subject to the two- or three-year statute of limitations found in the CWCA, the Colorado Supreme Court has held. Hernandez v. Domenico Farms, Inc., 2018 CO 15 (Mar. 5, 2018).

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier exemption even when the employee does not actually travel out of state. Combs v. Jaguar Energy Services, LLC, No. 16-1250 (March 31, 2017).