Category Archives: Employment Law

December 2, 2025

California Labor and Employment Law Updates for 2026

Adam Bouka

As we move into 2026, California continues its trend of enacting expansive and complex new employment laws. The legislative updates for 2026 span a wide range of critical workplace issues, including pay transparency, layoffs, training repayment requirements, workplace rights notices, protected leave, minimum wage, and the increasingly regulated use of artificial intelligence in employment decisions. Employers should promptly update policies, agreements, and HR practices to align with these significant changes. Below is a summary of the most impactful new laws and what employers need to know.

Training Repayment and “Stay-or-Pay” Restrictions

AB 692 establishes one of the most consequential changes for 2026 by banning most hiring-related “stay-or-pay” repayment provisions. Employers may no longer require workers to reimburse training costs, repay signing bonuses based on early resignation, or pay “quit fees,” unless the repayment fits within narrow statutory exceptions such as certain legally required training, government-backed educational programs, or approved apprenticeships. Agreements imposing prohibited repayment obligations are void, and employees may seek statutory damages and attorneys’ fees. Read more >>

November 13, 2025

Who’s Responsible for Uniform Costs, Employee or Employer?

Dana Dobbins

By Dana Dobbins

Question: Can an employer have employees sign an agreement authorizing the employer to deduct from employees’ paychecks to cover the cost of employee uniforms?

Answer: In Colorado, whether a deduction is permissible depends on the type of uniform.

If the employer requires clothing with a special color, make, pattern, logo, or material, the employer must furnish the uniform, cannot deduct the cost from an employee’s wages, and cannot require a deposit.

If the employer’s uniform is more basic (for example, dark pants and a light blue[1] collared shirt, without any limitations on the material or supplier), the employer can require employees to purchase the uniform themselves or can deduct for the cost of the clothing (though, to avoid a gray area, the safest bet is simply to let employees purchase their own). Read more >>

June 27, 2025

Beat the Heat (Before OSHA Does): What HR and SHEA Need to Know

Adam Bouka

By Adam Bouka

With summer temperatures rising and OSHA’s heat hazard enforcement intensifying, Human Resources and SHEA (Safety, Health, Environmental, and Awareness) teams play a critical role in keeping their organizations compliant—and employees safe. On January 16, 2025, OSHA extended its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 2026. This renewed focus underscores OSHA’s commitment to preventing heat-related illnesses and fatalities—and puts businesses squarely in the agency’s sights.

Adding urgency to these requirements, the National Weather Service reports that a dangerous “early-season heat dome” has already gripped large portions of the eastern U.S., bringing the highest temperatures seen in years. These extreme heat events are becoming more frequent—and more deadly—making employer compliance with OSHA’s heat protections both a legal and practical imperative. Read more >>

May 22, 2025

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka

By Adam Bouka

Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR teams must take a closer look at their hiring tools to avoid legal and compliance risks.

Let’s break it down.

What’s Happening in California?

California is preparing to implement new civil rights regulations that are likely to impact the use of automated decision-making systems (ADSs) in employment and other state-supported programs. These rules—expected to take effect as soon as July 1, 2025—aim to prevent discrimination based on protected characteristics such as race, gender, age, disability, or religion. While the regulations don’t ban AI tools outright, they make it unlawful to use any system, automated or not, that results in discriminatory outcomes. Read more >>

April 22, 2025

Q&A: Paying Out PTO At Termination

Mark Wiletsky

by Mark Wiletsky

Question: If we offer unlimited paid time off (PTO) and employees don’t accrue PTO, do we have to pay anything out at termination?

Answer: Generally, the answer is no, but there is limited case law on this question and the answer may change based on how the unlimited PTO is administered. Under Colorado and other state laws, vacation is considered is a wage. Therefore, vacation cannot be forfeited and any accrued, unused vacation must be paid upon separation from employment. Paid Time Off (PTO) is typically viewed as a form of vacation and, therefore, it is arguably subject to the same rules.

With unlimited PTO, however, no PTO is accrued. Hence, no PTO is payable upon termination of employment. But that can change if the unlimited PTO is not truly unlimited. The Colorado Division of Labor and Employment provides the following guidance on this topic: Read more >>

December 17, 2024

California Labor and Employment Law Updates for 2025

Adam Bouka

by Adam Bouka, Dora Lane, and Greg Saylin

As we move into 2025, California continues its trend of enacting progressive and comprehensive labor and employment laws. The new legislative updates span a range of critical issues, including whistleblowing, discrimination, workplace safety, artificial intelligence, and paid leave. Employers across the state must act swiftly to update their workplace policies and practices to comply with these changes, which take effect January 1, 2025. Below, we outline the most significant updates and what employers need to know.

Whistleblower Protections

California has expanded protections for whistleblowers with two significant updates:

AB 2299 requires employers to prominently display a list of employees’ rights and responsibilities under whistleblower laws, including the whistleblower hotline number. Notices must use lettering larger than 14-point type. To assist employers, the Labor Commissioner will provide a model list.
AB 2455 extends whistleblower protections to contractors reporting improper governmental activity while providing services to local governments.

Greg Saylin

Sexual Harassment Training

Under AB 2364, employers must pay increased fees under the Property Service Worker Protection Act to fund sexual violence and harassment prevention training. This change emphasizes California’s ongoing commitment to workplace safety and education. Read more >>