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Colorado Labor and Employment Law

Author(s): Ariel DeFazio (Author), Ben Lebsack (Author)

Colorado Labor and Employment Law includes coverage of the laws, regulations, and policies affecting labor and employment in the Centennial State. It provides a comprehensive and user-friendly examination of Labor and Employment law on both the federal and state level.

Publisher: Matthew Bender

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Print Book: 1 volume, softbound 2026 Edition $ 491.00	In Stock ISBN: 9798341744301
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eBook: epub 2026 Edition $ 491.00	In Stock ISBN: 9798341744318
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Product Description

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Colorado Labor and Employment Law is a one volume, comprehensive guide to the labor and employment laws in Colorado, covering legislation on both the federal and state level.
Highlighted topics include compensation, leave, health and safety, discrimination and harassment, contracts, and public employment, among others.

Along with discussions on the major federal legislations such as the FSLA, FMLA, and NLRA, Colorado Labor and Employment Law also offers insight on such major Colorado regulations including Colorado Overtime & Minimum Pay Standards (COMPS), Colorado Healthy Families and Workplaces Act (HFWA), Public Health Emergency Whistleblower Law (PHEW), and more.

Colorado Labor and Employment Law contains numerous references and case citations, and an indispensable table that sets out the statute of limitations, venue, and damages of each statute referenced. Colorado Labor and Employment Law is a valuable resource for Colorado labor and employment law practitioners.

The previous edition's ISBN is 9798341719453.

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Table of Contents

SECTION 1: EXCEPTIONS TO AT WILL: MINIMUM LABOR STANDARDS

Chapter 1 Compensation & Benefits
§ 1.01 Fair Labor Standards Act (FLSA)
§ 1.02 Colorado Wage Claim Act
§ 1.03 Colorado Overtime Minimum Pay Standards (COMPS)
§ 1.04 Dishonored Instrument
§ 1.05 Employee Retirement Income Security Act (ERISA)
§ 1.06 Consolidated Omnibus Budget Reconciliation Act (COBRA)
§ 1.07 Unemployment Insurance Benefits

Chapter 2 Leave
§ 2.01 Family Medical Leave Act (FMLA)
§ 2.02 Colorado Healthy Families and Workplaces Act (HFWA)
§ 2.03 Paid Family and Medical Leave Insurance Act (FAMLI)
§ 2.04 Leave as a Reasonable Accommodation
§ 2.05 Uniform Services Employment and Reemployment Rights Act (USERRA)
§ 2.06 Jury Duty

Chapter 3 Health, Safety, and Attempting to Improve the Workplace
§ 3.01 Public Health Emergency Whistleblower Law (PHEW)
§ 3.02 Occupational Safety and Health Act (OSH Act)
§ 3.03 National Labor Relations Act (NLRA)
§ 3.04 State Labor and Public-Participation Protections
§ 3.05 Blacklisting and Job References
§ 3.06 Unlawful Luring of Out of State Employees
§ 3.07 Meals and Rest Breaks
§ 3.08 Workers Compensation
§ 3.09 Employee Privacy
§ 3.10 Personnel Files
§ 3.11 Background Checks
§ 3.12 Agricultural Worker Protections

Chapter 4 Labor Law for Employment Lawyers
§ 4.01 National Labor Relations Act (NLRA)
§ 4.02 Federal Preemption of State Law Claims Under the Labor Management Relations Act

SECTION 2: EXCEPTIONS TO AT WILL: UNLAWFUL DECISION MAKING

Chapter 5 Discrimination
§ 5.01 Introduction
§ 5.02 General Considerations
§ 5.03 Blockbuster Anti-Discrimination Statutes
§ 5.04 Statutes that Provide Specific Protections
§ 5.05 Pay Equity
§ 5.06 Summary of Claims

Chapter 6 Harassment
§ 6.01 Federal Law
§ 6.02 Colorado Law
§ 6.03 Administrative Exhaustion

Chapter 7 Retaliation
§ 7.01 Anti-Retaliation Measures in Federal Anti-Discrimination Statutes
§ 7.02 Anti-Retaliation Measures in Minimum Labor Standards Statutes
§ 7.03 Anti-Retaliation Measures in Federal Whistleblower Statutes
§ 7.04 Anti-Retaliation Measures in State Law

Chapter 8 Contracts
§ 8.01 At-Will Employment
§ 8.02 Employment Policies as Contracts
§ 8.03 Breach of Contract Claims
§ 8.04 Covenant of Good Faith and Fair Dealing
§ 8.05 Covenants Not to Compete and Other Restrictive Covenants
§ 8.06 Arbitration
§ 8.07 Forum Selection and Choice of Law Clauses

SECTION 3: OTHER UNLAWFUL ACTIONS IN THE WORKPLACE

Chapter 9 Torts and Other Claims
§ 9.01 Wrongful Termination in Violation of Public Policy
§ 9.02 Intentional Interference with Contract
§ 9.03 Intentional Interference with Business Advantage
§ 9.04 Intentional Infliction of Emotional Distress/Outrageous Conduct
§ 9.05 Defamation
§ 9.06 Invasion of Privacy
§ 9.07 Negligence
§ 9.08 Employer Misrepresentations
§ 9.09 Employer’s Vicarious Liability for Employee’s Acts
§ 9.10 Economic Loss Rule

Chapter 10 Claims Against Employees
§ 10.01 Breach of Restrictive Covenants
§ 10.02 Breach of Duty of Loyalty
§ 10.03 Civil Theft/Conversion
§ 10.04 Trade Secrets
§ 10.05 Retaliatory Counterclaims

Chapter 11 Claims Against Coworkers
§ 11.01 Overview of Claims Against Coworkers
§ 11.02 Aiding and Abetting Claims Under the Colorado Anti-Discrimination Act (CADA)
§ 11.03 Tort Claims
§ 11.04 Venue Considerations

SECTION 4: PUBLIC ENTITIES

Chapter 12 Public Employment
§ 12.01 Introduction to Public Employment
§ 12.02 Immunity and Limitations on Suit
§ 12.03 Claims Available Against Public Employers
§ 12.04 Colorado Public Employment
§ 12.05 Federal Employment

Chapter 13 Qui Tam/False Claims Actions
§ 13.01 False Claims Act
§ 13.02 Colorado False Claims Act

SECTION 5: EMPLOYMENT LAW DISPUTES

Chapter 14 Discovery in Employment Cases
§ 14.01 Protocols and Protective Orders
§ 14.02 Common Discovery Issues—Information and Records
§ 14.03 Attorney-Client Privilege in the Employment Context

Chapter 15 Remedies in Employment Cases
§ 15.01 Introduction to Damage Remedies in Employment Cases
§ 15.02 Economic Damages
§ 15.03 Damage Mitigation
§ 15.04 Compensatory Damages
§ 15.05 Liquidated Damages
§ 15.06 Punitive and Exemplary Damages
§ 15.07 Attorney Fees
§ 15.08 Equitable Relief

Chapter 16 Affirmative Defenses
§ 16.01 Pleading Defenses
§ 16.02 Generally Available Defenses
§ 16.03 After Acquired Evidence
§ 16.04 Good Faith Beliefs
§ 16.05 The Defense of Failure to Exhaust Administrative Remedies
§ 16.06 Claim-Specific Affirmative Defenses

Chapter 17 Resolution of Employment Law Claims
§ 17.01 Confidentiality Settlement Communications
§ 17.02 Settlement at Administrative Level
§ 17.03 Considerations About Settlement Terms
§ 17.04 Administrative Proceedings/Administrative Law Judges
§ 17.05 Private Mediation
§ 17.06 Settlement Conferences

Appendix A: Table of Employment Statutes

Index

Featured Authors

Ben Lebsack Ariel DeFazio

Ben Lebsack

Noted lucha libre enthusiast and debonair bon vivant, Ben Lebsack is a partner at Lowrey Parady Lebsack, LLC, in Denver, Colorado. He represents employees in disputes with their employers and advises lawyers about their professional duties. He is the First Vice President and serves on the ethics committee and board of directors of the National Employment Lawyers Association. He serves on the board of directors and co-chairs the seminar committee of the Colorado Trial Lawyers Association and serves on the Colorado Bar Association’s ethics committee. He is a past-President and board member of the Colorado Plaintiff Employment Lawyers Association. He’s published articles in the American Bar Association Journal of Labor and Employment Law, the Colorado Lawyer, and Trial Talk. He has given presentations at the American Bar Association, American Association for Justice, National Employment Lawyers Association, Colorado Bar Association, and the Pacific Coast Labor & Employment Law Conference. Various publications with Best and Super in their name have printed his name since 2018, but he’s most proud of his 2022 New Trial Lawyer of the Year Award from the Colorado Trial Lawyers Association and his high school debate trophies.

View All Books by Ben Lebsack (1)

Ariel DeFazio

Ariel DeFazio is Partner at Lowrey Parady Lebsack, LLC. She has devoted her career as an attorney to advocating for employees who have been discriminated and retaliated against, harassed, denied wages, paid less than others performing substantially similar work, wrongfully fired because of their protected class, use of family medical leave, and other reasons that violate federal and Colorado law. These cases are often emotionally fraught and legally challenging, and Ariel takes great pride in her role as counselor-at-law, educating clients about their options, what to expect at each step of the process, and supporting clients in their decisions. Ariel’s passion for educating individuals about their rights in the workplace has led her to present on employment law topics to an array of attorney, law student, and lay audiences. She has served as the president, vice president, and board member of the Colorado Plaintiff Employment Lawyers Association since 2018 and is currently a member of the Faculty of Federal Advocates board of directors. She is a contributing author to a chapter of the Practitioner’s Guide to Colorado Employment Law and volunteers monthly advising pro se civil litigants through the Colorado Federal Pro Se Clinic. Ariel occasionally finds time to read a physical newspaper on Sunday.

View All Books by Ariel DeFazio (1)

Colorado Labor and Employment Law

Featured Authors

Ben Lebsack

Ariel DeFazio

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