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Colorado Labor and Employment Law
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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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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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
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