DENVER (April 21, 2026) – NFIB filed an amicus brief in the case of Allen v. Concord Energy Holdings, LLC in the Colorado Supreme Court. The brief requests the Colorado Supreme Court review a lower court ruling that not only allows employees who broke their duty of loyalty to the company to receive compensation but also obtain statutory penalties under the Colorado Wage Claim Act. This creates a troubling precedent and functionally punishes businesses themselves, not bad actors, for the misconduct of employees who violate the rules governing their business activities.

NFIB filed the brief with Colorado Concern, the Denver Metro Chamber of Commerce, and other business groups.

“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,” NFIB State Director Michael Smith said. “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.”

CLICK HERE to view the full amicus brief.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.