While I am a fan of pay transparency, something about this bothers me. Does Colorado actually have standing here?
While I am a fan of pay transparency, something about this bothers me. Does Colorado actually have standing here?
If you have 0 employees in Colorado, you're free to do whatever you want then.
https://www.gibsondunn.com/colorado-department-of-labor-and-...
I don't look forward to Texas enforcing anti-abortion laws in other states. You think that's far fetched? How about facilities across the border providing abortions to Texas residents? Or if someone advertises abortion services online, that triggers laws that criminalize advertising services to Texas residents?
Unless the US Supreme Court puts a stop to it, these laws are absolutely coming.
But getting back to the subject at hand, the Texas law, if it survives legal muster, would likely only affect Texas residents who seek abortions within or across state lines as well as non-residents who seek an abortion in Texas. The legality of out-of-state facilities themselves would be left to the courts and legislatures of the states where those facilities operate, regardless of how close they are to the Texas state line. Advertising limitations are a 1st amendment issue, and could easily be challenged in a federal court. Commercial speech is protected speech. If other states like Georgia or Tennessee follow, similar circumstances and limitations would apply.
I don't agree with the law, in fact I find it repulsive, but I think your claim of "different state, no jurisdiction" being a firm rule of American jurisprudence lacks substance. There have been plenty of legal rulings disproving that philosophy where a so-called compelling government interest is involved.
Take car crashes. If a resident of state A crashes in state B, the at-fault party can be sued in state A if the has court relevant subject-matter jurisdiction (which most civil and criminal courts do) over the case and personal juridiction over the plaintiff (which every state court does over its residents).
But the subject of this thread is advertising for jobs. Why doesn't that fall into commercial protected speech?
Yes, the original subject was jobs. IANAL, but the Colorado law is a likely a 1st amendment issue in that the state is compelling disclosure of information from private companies. If a lawsuit ever hits a federal court I expect to see the law upended.
If I have a company based in, say, Arizona, and I put up a posting for remote workers, why should I be forced to abide by the laws of a different state if I'm willing to forgo the talent pool in that state?
I agree with the parent, I'm very curious what standing Colorado has to sue.
You can get around the law if you entirely pull out of the state but otherwise you must play ball.
Regardless, I think the increase in remote work is going to lead to a lot of cases like this where we'll see some things become defacto national requirements because it will be cheaper to come up with one policy that is legal everywhere than 10 policies that are legal in different subsets of the country.