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Ms. Munro speaks on topics that are important to her, including:
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Lawdragon 500 Leading Plaintiff Employment Lawyer 2020
Certain federal and state laws provide protections for individuals who need to take leave for their own or a family member’s medical reasons.
The Family and Medical Leave Act, 29 U.S.C. §§ 2601–2654 (FMLA),
If your employer has prevented you from taking FMLA or FMLI leave or has penalized you for taking leave, you may have a claim against your employer for interference or retaliation.
Every employer-employee (W-2) and principal-independent contractor (1099) relationship is based on a contract, whether that contract is written down, verbal, or implied through the actions of the parties. Materials such as employee handbooks, policy manuals, or other documents can become part of the parties’ contract.
Colorado law does not require any specific terms to be included in the agreement that defines the worker relationship. Issues to watch out for include obligations to arbitrate disputes (waivers of the right to bring a claim in court), one-sided attorney fees clauses, and post-employment restrictions (non-competition clauses, repayment obligations, and the like).
I can help you review your agreement to ensure you understand key terms and, if necessary, negotiate for you on your behalf.
The freedom to change jobs is core to economic liberty and to a competitive, thriving economy.
Companies often require employees and independent contractors to agree to certain post-relationship restrictions prohibiting them against working for a competitor (colloquially called “non-competes”) and from soliciting or providing services to a former customer or client (colloquially called “non-solicitations”). In many cases, employers use their outsized bargaining power to coerce workers into signing these contracts.
Non-competes and non-solicitation restrictions harm competition in U.S. labor markets by blocking workers from pursuing better opportunities and by preventing employers from hiring the best available talent.
Colorado has historically had strong laws protecting the rights of workers to compete. Under Colorado common law and statutory law, non-competes and non-solicitation restrictions are unlawful unless they fall within four limited exceptions and, further, are no more restrictive than reasonably necessary to protect the employer’s/principal’s legitimate interest, are reasonable as to scope (time and geography) and do not impose a hardship on the worker. Colo. Rev. Stat. § 8-2-113. This prohibition protects both employees and independent contractors.
Colorado became even more worker friendly on August 10, 2023. For agreements entered into after August 10, 2022, non-compete and non-solicitation agreements are void with two very limited exceptions. Non-c0mpete restrictions can only be imposed on “highly compensated” workers ($112,500 in 2023) and cannot be any broader than reasonably necessary to protect trade secrets. Workers who earn two-thirds of the “highly compensated” threshold ($67,500 in 2023) can only be subjected to customer non-s0licitation restrictions that are reasonably necessary to protect trade secrets. Workers who earn less than that amount cannot be subjected to any non-compete or non-solicitation restriction.
Physicians have slightly different protections under Colorado law. Colorado law voids covenants not to compete provisions in employment, partnership, or corporate agreements between physicians that restrict the right of a physician to practice medicine for whomever and wherever they desire. However, physicians can be bound by agreements requiring the payment of “actual” damages reasonably related to termination of the agreement.
Employers/principals must provide timely, sufficient notice and information regarding any permissible restrictive covenant agreements, or they may be deemed as void:
Written notice of the agreement must be given to new employees before they accept an employment offer. Written notice must be given to current employees at least fourteen (14) days before the effective date of the agreement or the effective date of any change in the conditions of employment (e.g., a promotion);
Notice must be given in a separate document (e.g., an offer letter), must be signed by the employee, and must use clear language;
A copy of the agreement must accompany the notice;
The notice must identify the agreement by name and state that the agreement contains covenants that could restrict the employee’s options for future employment; and
The notice must direct the employee to the specific sections or paragraphs of the agreement that contain the covenants.
Colorado does not prohibit certain related agreements, including: (a) repayment, on a pro-rata basis over the course of two years, of the reasonable costs of education and training (not simply normal on-the-job training); (b) “reasonable” confidentiality provisions that do not prohibit disclosure of information that arises from the worker’s general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct; (c) agreements related to the purchase and sale of a business or the assets of a business; or (d) certain scholarship repayment agreements.
Restrictive covenants are often “enforced” out of fear – fear of being sued by a former employer or principal. If your employer or your principal has asked you to sign a restrictive covenant or you have already signed one and want to understand its legality, contact me and I can help you understand your rights. Merely asking a former worker to abide by an unlawful restrictive covenant may be a class 2 misdemeanor, subject to civil penalties of actual damages, reasonable costs, attorney fees, and $5,000 per worker, or any prospective worker, harmed by the violation.
When an employer or principal fails to hold up its end of the bargain and breaches the contract, an employee/independent contractor may be able to bring a lawsuit for breach of contract.
Examples of breach of contract claims include the failure to pay an earned bonus or commission and early termination of the relationship.
Contact me to set up a consultation. I can provide you with a personalized strategy for getting the best deal possible as well as my professional opinion about potential breach of contract claims.
Race discrimination and harassment is morally wrong and against federal and Colorado law. See Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and the Colorado Anti-Discrimination Act.
In the context of the workplace, it is illegal for an employer to treat an applicant or employee unfavorably because the individual is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). This prohibition applies to every aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
It is also unlawful to harass a person because of that person’s race or color. Harassment can include racial slurs, offensive or derogatory remarks, or the display of racially-offensive symbols. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). It is illegal for an employer to permit a racially hostile work environments caused by not only supervisors and managers, but also by co-workers, customers, clients, or patients.
Munro Law LLC welcomes the opportunity to provide dedicated legal counsel and representation to any person facing racial harassment or a hostile work environment based on race
Life is not all about work.
When not geeking out on the law, Ms. Munro loves running long distances with her dog, skiing with her family, playing competitive tennis with her friends, and just sitting with a good book and a glass of wine.
Ms. Munro has written on a variety of legal topics throughout her career, including:
It is illegal under federal law and Colorado law for an employer to discriminate against an employee* because of a protected characteristic, including disability, race, creed, color, sex, sexual orientation, religion, age, national origin, ancestry, and veteran status. See Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 200o(e) the Colorado Anti-Discrimination Act, Colo. Rev. Stat. § 24-34-402.
* Independent contractors do not have the same protection – but, at times, employers misclassify an employee as an independent contractor. Under Colorado Law, an individual is presumed to be in covered employment unless and until it is shown that the individual is free from control and direction in the performance of services, both under contract and in fact, and that the individual is customarily engaged in an independent trade, occupation, profession or business related to the work performed.
To be illegal, the discrimination must either
If you believe you have suffered an adverse employment action or are being harassed, you should speak to an experienced lawyer. Often the first step is to complain to your employer in writing, which can serve to protect you from certain defenses your employer may assert against you. If your employer fails to remedy the situation, or you are retaliated against for complaining, the next step may be to file a charge of discrimination with the Equal Employment Opportunity Commission or the Colorado Civil Rights Division. You must file a complaint (“exhaust” your remedies) with one of these agencies before filing a lawsuit in federal or state court, and there are strict deadlines that must be followed.
In discrimination cases, a wronged employee may be entitled to receive both compensatory damages (for example, lost wages) and punitive damages—money awarded to punish the employer and deter it from continuing to engage in this illegal conduct.
I have handled unlawful discrimination and hostile work environments cases through pre-termination, federal agency investigation, mediation, and litigation in both state and federal court, and I may be able to help guide you through these processes.
Pregnancy discrimination is against the law.
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, and the Colorado Anti-Discrimination Act (CADA) both prohibit sex discrimination, including pregnancy discrimination. Those laws require that a covered employer treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees who are similar in their ability or inability to work. For example, employers cannot refuse to hire a woman just because she is pregnant and must permit pregnant employees to work as long as they are able to perform their jobs. “Pregnancy” discrimination under Title VII and CADA can be based on:
Colorado’s Pregnancy Workers Fairness Act (Colo. Rev. Stat. § 24-34-402.3) requires an employer to provide reasonable accommodations for any “health conditions related to pregnancy or the physical recovery from childbirth.” Examples of accommodations include more frequent or longer break periods, limitations of lifting, job restructuring, modified work schedules, and the like.
The Americans with Disabilities Act (ADA) may also be relied on to obligate an employer to accommodate pregnancy conditions. While pregnancy itself is not a disability under the ADA, some pregnant workers may have one or more impairments related to their pregnancy that qualify as a disability under the ADA, such as anemia, sciatica, gestational diabetes, preeclampsia, morning sickness, swelling in the legs, and depression.
Pregnant workers and new parents may have additional rights under the Family and Medical Leave Act (FMLA). Workers needing to express breast milk in the workplace may have additional rights under the Fair Labor Standards Act (FLSA). Both of these laws are enforced by the U.S. Department of Labor’s Wage and Hour Division.
Certain laws also protect nursing mothers. For example, under Colorado law (Colo. Rev. Stat. § 8-13.5-104) all employers must:
If your employer is treating you differently because of your pregnancy/a pregnancy related condition or is refusing to agree to a reasonable request for accommodation, contact me and I may be able to help explain your rights and options.
There has always been pay inequity between men and women in the United States. According to the U.S. Bureau of Labor Statistics, in 2020, Colorado women working full time earned 78.1 percent of their male counterparts in 2020 (down from 86.4 percent in 2019 — likely as women took the brunt of family duties during COVID). The statistics are worse for women of color. [This link isn’t the best, I have another I will email]
Several laws can be used to combat this pay inequity:
Employers cannot rely on wage history to justify a disparity in current wage rates and cannot punish a prospective employee from refusing to disclose prior compensation.
Nor can an employer prohibit employees from disclosing their compensation or penalize an employee who discusses their wage rate with another employee.
The EPWA requires employers to keep records of job descriptions and wage rate histories for the duration of each employee’s employment, and for two years thereafter, to determine if there’s a pattern of wage discrepancy. This requirement can be particularly helpful in establishing a violation of the law.
If you think you are being paid less because of your sex, contact me and I may be able to help explain your rights and your options.
Civic engagement is important to Ms. Munro, and she regularly gives her time to organizations and causes that support legal justice, including:
What is Sexual Harassment?
The regulations of the Equal Employment Opportunity Commission (EEOC) define sexual harassment as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Examples of hostile environment harassment can include:
Sexual harassment happens when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can happen to individuals of all sexual orientations and gender identities.
Deprivation of Constitutional Rights, 42 U.S.C. § 1983
Adverse actions by a federal or state government agency (including school districts) may violate a public employee’s constitutional rights.
Common civil rights claims (commonly referred to as Section 1983 claims) range from excessive force by law enforcement, the protection of First Amendment rights, and discrimination by governmental entities. Depending on the specific facts in issue, a public employee’s following constitutional interests may be in issue when an employer acts:
Any person believing a denial of constitutional rights has occurred, should contact counsel to learn the scope and protection of the rights violated.
Ms. Munro graduated from the University of California, Hastings College of the Law, Order of the Coif, with numerous honors and awards, and served as Senior Executive on the Hastings Law Journal. Prior to that, she graduated with honors from Rice University, majoring in Economics and English.
Unlawful retaliation occurs when an *employer fires, demotes, or disciplines an *employee for engaging in legally protected activity such as “whistle-blowing” or complaining about an act of discrimination or harassment. To prove retaliation, an employee must be able to show that the employer took the negative action (termination, demotion, discipline) because of the protected conduct.
* Several laws protect independent contractors, as well.
Whistleblower claims:
There are a number of federal and state statutes that protect employees (and some independent contractors) who blow the whistle on unlawful behavior. For example, Colorado protects (i) health care workers who report good faith concerns about patient safety or the quality of patient care (Colo. Rev. Stat. § 8-2-123); (ii) employees who complain in good faith about violations of the Colorado Wage Act, like not being paid properly and timely (Colo. Rev. Stat. § 8-4-120); and (iii) employees/independent contractors who make good faith complaints to their employer/principal, co-workers, a government agency, or the public
about perceived violations or threats to health or safety (Colo. Rev. Stat. § 8-14.4.102).
Wrongful Termination in Violation of Public Policy:
It is illegal in Colorado for an employer to fire a worker for a reason that is against public policy.
Something may be against public policy because it is illegal, dangerous to others, or undermines an important right. A few common examples include:
Contact me if you believe you have been fired for engaging in protected activity. Many of the whistleblower claims have strict deadlines to file a retaliation claim, so it is best to quickly contact an attorney to learn about your rights.
Individuals with disabilities often face overt and implicit bias in both finding and maintaining employment. In recognition of this grave unfairness, the Americans with Disabilities Act (the ADA), 42 U.S.C. 126 § 12101 et seq, and the Colorado Anti-Discrimination Act (CADA), C.R.S. § 24-34-401 et seq., prohibit discrimination and retaliation against individuals based on an actual disability (physical or mental) or a perceived disability.
A “disability” is a physical or mental impairment that substantially limits a major life activity — like hearing, seeing, speaking, walking, breathing, and performing manual tasks. The standard for determining whether an individual has a disability is construed broadly, and includes conditions like epilepsy, multiple sclerosis, cancer, and psychiatric disabilities such as autism, major depressive disorder, bipolar disorder, and post-traumatic stress disorder.
To be protected under the ADA and CADA, an employee must be qualified to perform the essential functions or duties of the job, with or without reasonable accommodation. This means two things. First, the employee must satisfy the employer’s essential requirements for the job, such as education, employment experience, skills or licenses. Second, the employee must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that the employee must be able to perform with or without the help of a reasonable accommodation. A reasonable accommodation can include many things, like providing or modifying equipment, job restructuring, part-time or modified work schedules, or reassignment to a vacant position.
If an employee raises the need for an accommodation, the employer must engage in discussions to determine what the employee’s needs are (called the “interactive process”) and whether those needs can be satisfied through an accommodation. Unless an accommodation would impose an “unreasonable hardship” on the employer, the employer must accommodate the employee in a way that enables the employee to do the job (the employer does not have to accept the accommodation that the employee prefers, however).
The ADA and CADA also protect employees who are associated with a person who has a disability – like a child or a spouse. For example, an employer cannot refuse to hire a parent of a child who has Down Syndrome out of an unreasonable (and unlawful) fear that the parent will not be able to perform the job.
This area of the law can be tricky. If you feel you are being discriminated against or harassed because you have a disability or your employer thinks you have a disability or because a family member has a disability, reach out to an employment attorney. I have experience in protecting individuals under these circumstances and may be able to help you.
Federal law and Colorado law recognize that individuals over the age of 40 are often treated less favorably than their younger counterparts — despite their valuable skills and work experience.
The federal Age Discrimination Employment Act (ADEA) protects workers over the age of 40 by employers that employ 20 or more people. The Colorado Anti-Discrimination Act (CADA) protects employees over the age of 40 and applies to all employers in Colorado, regardless of size.
The most common ADEA and CADA age discrimination claims involve discriminatory hiring, firing, layoffs, demotions, and promotions. Under both the ADEA and CADA, employers cannot:
The federal Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, protects workers over 40 in the context of layoffs, reductions in force, early retirement programs, exit incentive plans, and other voluntary departures. The OWBPA prohibits employers from:
The Colorado Wage Claim Act dictates that an employer must pay an employee all “earned” but unpaid compensation at the end of the relationship. Colo. Rev. Stat. § 8-4-109. “Earned” compensation includes bonuses and commissions that are “vested and determinable” — meaning the employee has done everything required to earn the payment and the amount of payment can be calculated. An agreement that provides that an employee is not entitled to an otherwise earned commission or bonus if the employee quits or is fired (i.e. a “forfeiture” clause) is not enforceable in Colorado. According to the Colorado Department of Labor, in the absence of an agreement on whether an employee is entitled to receive commission on post-termination sales, the general rule is that an employee is entitled to a commission if the employee’s efforts were responsible for a sale.
Employers are not obligated under Colorado law to provide employees with a severance upon separation (unless there is a prior written agreement providing for a severance). When an employer does offer a severance, it comes with strings attached. For example, severance agreements will always obligate a former employee to release potential legal claims and often require the former employee to keep the terms of the agreement confidential and agree not to disparage the employer. The severance agreement may also contain a burdensome non-compete or non-solicitation provision.
If you have been offered a severance agreement, it is important to understand exactly what you are giving up in exchange for what your former employer is offering you. If you have a legal claim that is potentially worth more than your employer is offering, or if the proposed agreement violates the law, you have some negotiating power.
Contact me to set up a consultation. I can provide you with a personalized strategy for getting the best deal possible as well as my professional opinion about any employment claims.
Pay close attention to the deadline your employer has given you. If you are over the age or 40, the Older Workers Benefits Protection Act (OWBPA) mandates that you be allowed at least 21 days to consider the separation agreement and 7 days to revoke it after you have signed it.