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New Law for the Promotion of Equal Pay

In an effort to bolster the state’s pay-equity regulations, the Colorado legislature passed Senate Bill 19-085, entitled the “Equal Pay for Equal Work Act.” The Act, which takes effect on January 1, 2021, will impose a host of new regulations upon employers and make it easier for aggrieved employees to access the courts.

Can an Employer Rescind a Job Offer after an Employee Tests Positive for Marijuana?

Marijuana and Employment Following the passage of Colorado’s Amendment 64 in 2012, employers and employees have faced a multitude of challenges and issues relating to the consumption and possession of marijuana by employees. One question that frequently arises is whether an employer may rescind an offer of employment based upon a prospective employee’s positive test … Continue Reading

Who is a “foreign person” under FIRPTA?

The sale of an interest in real property within the United States by a “foreign person” is subject to tax liability under Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. Generally, any buyer of real property from … Continue Reading

RESPA “101” for Real Estate Brokers

The Real Estate Settlement Procedures Act (“RESPA”) is a series of federal consumer-protection statutes that impose rules upon all of the professions involved in an activity relating to a real estate settlement involving a federally related mortgage loan.  The State of Colorado has adopted laws and regulations governing real estate brokers that impose similar rules. … Continue Reading

Noncompete Agreements and the Inevitable Disclosure Doctrine

The Use of the Inevitable Disclosure Doctrine to “Backdoor” a Noncompete Agreement in Colorado. Noncompete agreements in Colorado are generally disfavored.  In fact, pursuant to statute, noncompete agreements are only supposed to be enforceable in a few limited circumstances. Specifically, noncompete agreements are supposed to be void ab initio (a fancy way of saying void … Continue Reading

Service Animals in the Workplace

Service Animals in the Workplace: Considerations under the Americans with Disabilities Act and Colorado law. The federal Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability.  Colorado has promulgated analogous state laws.  One way that these laws provide assistance to persons with disabilities is by … Continue Reading

Real Estate Brokers & Referral Fees under RESPA

Special Considerations for Commercial Real Estate Brokers and Referral Fees under RESPA and Colorado law. Paying for referrals is a common practice in various competitive industries where the struggle to attract customers determines which participants will flourish and which will flounder.  However, the business of real estate is subject to various restrictions that limit industry-participants’ … Continue Reading

Documentation of Employee Discipline

Boring but True: Four Rules on the Documentation of Employee Discipline Few things are less flashy than the process of creating a detailed personnel file including reports on disciplinary action taken against an employee.  This is especially true when the documents and reports sometimes disappear forever into a filing cabinet or drawer, never to be … Continue Reading

Can an Employee be Fired for Using Marijuana?

On November 6, 2012, Colorado voters approved Amendment 64, which made it legal under state law for those over age 21 to possess, use, manufacture, and commercially sell marijuana.  Amendment 64 was codified in Article XVIII, Section 16 of the state constitution.  However, marijuana remains illegal as a “schedule 1” controlled substance under the federal … Continue Reading

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