On January 1, 2023, employers in the State of Colorado must begin collecting and remitting insurance premiums for the voter-approved state-run Family and Medical Leave Insurance (“FAMLI”) Program. Premiums will fund paid leave benefits for qualifying Colorado employees, who can begin making claims and receiving benefits on January 1, 2024. The FAMLI Program imposes obligations on most employers, with few exceptions, although employers with ten or more employees will have additional obligations.
U.S. News-Best Lawyers® "Best Law Firms" 2023
Cline Williams is pleased to announce the U.S. News & World -Best Lawyers® "Best Law Firms" 2023 has awarded the firm with 17 overall rankings for the Lincoln, Omaha, and Colorado Metropolitan areas. The firm received 11 Tier 1 rankings in Lincoln and Omaha and 6 Tier 2 rankings in Lincoln, Omaha, and Colorado.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. A firm must have at least one lawyer recognized in the latest edition of The Best Lawyers in America® to be eligible for "Best Law Firms".
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC), which enforces federal laws prohibiting employment discrimination, released an updated “Know Your Rights” poster that replaces the previous “EEO is the Law” poster. Federal law requires covered employers to prominently display the poster at their work sites and authorizes fines for noncompliance.
Cline Williams is privileged to have 23 lawyers named to Best Lawyers in America® in 2022. Best Lawyers in America are chosen through an extensive peer driven evaluation. Lawyers are recognized for their professional excellence in their area of practice. The newest award initiative, Best Lawyers: Ones to Watch, listed 6 of our attorneys. Lawyers who are early in their careers are recognized for their outstanding professional excellence in private practice in the United States.
Cline Williams is also proud to announce that four firm attorneys were selected by their peers for inclusion in the Best Lawyers in America® 2023 as “Lawyer of the Year” in their respective practice. They received this distinction based upon peer ratings. Only a single lawyer in each practice area in each community annually is honored as a “Lawyer of the Year."
A new Colorado law takes effect on August 10, 2022, that significantly limits the enforceability of non-compete agreements made with employees working or living in Colorado. HB 22-1317 amends Colorado’s current statute addressing non-compete agreements. While the law is not retroactive, it significantly narrows the exceptions previously permitted under Colorado law for covenants not to compete. The new law also imposes strict notice requirements and introduces new penalties for employers who attempt to enter into, present an employee with, or attempt to enforce a void non-compete agreement.
Cline Williams is honored to announce its rankings in the Chambers and Partners 2022 USA Guide. The publication recognized 10 attorneys and 2 of the firm's practice groups. Our Litigation: General Commercial practice group is ranked in the top-tier Band 1 and our attorneys are recognized across seven practice areas.
On January 13, 2022, the U.S. Supreme Court issued an Order reinstating the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) requiring healthcare employers to mandate COVID-19 vaccinations for staff.
Late Friday, January 14, 2022, CMS issued a Quality, Safety & Oversight (QSO) Memo with further guidance on how CMS plans to exercise its enforcement discretion. The QSO provides state surveyors with general guidance for how to enforce the IFR as well as provider-facility specific guidance.
Most notably, the QSO Memo clarifies the new compliance deadlines for facilities in states where implementation of the mandate had been halted, including Nebraska and Iowa.
On January 13, 2022, the U.S. Supreme Court issued two Orders regarding the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate and the Occupational Safety and Health Administration’s (OSHA) vaccine-or-testing emergency temporary standard (ETS). The Court reinstated the CMS vaccine mandate in those states where it had been preliminarily enjoined, and it suspended OSHA’s vaccine-or-testing ETS pending further review.
The Occupational Safety and Health Administration's (OSHA) vaccine-or-testing emergency temporary standard (ETS) is again in effect. Late Friday night, December 17, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s prior stay on the ETS requiring businesses with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks.
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri issued an Order granting a preliminary injunction to halt the implementation and enforcement of the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (the Rule) requiring healthcare employers to mandate COVID-19 vaccinations for staff.
This Order prevents CMS and the federal government from implementing and enforcing the Rule against any and all Medicare- and Medicaid-certified providers and suppliers within 10 states, including the States of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming, pending a trial on the merits of the case. The Federal Government has appealed the preliminary injunction to the U.S. Court of Appeals for the Eighth Circuit. However, the preliminary injunction will remain in effect, and government will be unable to enforce the rule in the previously listed 10 states, at minimum until the Court of Appeals for the Eighth Circuit rules on the Order granting the preliminary injunction.