The National Federation of Independent Business (NFIB) filed an amicus brief on April 21 in the case of Allen v. Concord Energy Holdings, LLC before the Colorado Supreme Court. The brief asks the court to review a lower court decision that allows employees who have breached their duty of loyalty to still receive compensation and statutory penalties under the Colorado Wage Claim Act.
The issue is significant for small business owners because it could set a precedent that holds businesses responsible for misconduct by employees, rather than penalizing those who violate company rules. NFIB filed the brief alongside Colorado Concern, the Denver Metro Chamber of Commerce, and other business organizations.
Michael Smith, NFIB State Director, said, “Over the past several years, the decisions made in the statehouse and in our courthouses have made it more and more difficult to be a small business owner in Colorado. This ruling not only makes the legal environment more unpredictable for small business owners but also puts Colorado at a disadvantage with neighboring states. Small businesses need more certainty, not less, from our courts.”
The National Federation of Independent Business functions as an advocacy group focused on small business interests according to its official website. The organization provides legislative support and resources aimed at advocating for small and independent businesses according to its official website. It offers dedicated support for small businesses across all 50 states—including Colorado—and supplies tools, research, and compliance guidance according to its official website.
Currently active in over 40 cases nationwide—including federal courts and the U.S. Supreme Court—the NFIB Small Business Legal Center works to protect small business rights through legal action.
