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Total Articles: 10

Colorado's Minimum Wage Increases 3.8%, to $7.64 Per Hour

Effective January 1, 2012, Colorado's minimum wage increased by $0.28, from $7.36 per hour to $7.64 per hour (for tipped employees, from $4.34 to $4.62). This is $0.39 more than the federal minimum wage of $7.25 per hour.

Colorado -- New Minimum Wage To Go Into Effect

On January 1, 2012 Colorado employers in a variety of industries will face an increase in the minimum wage. The 2012 minimum will be $7.64 (up from the 2011 rate of $7.36) and will affect employers in the retail and service, food and beverage, commercial support service, and health and medical industries.

Colorado Latest to Join U.S. DOL to Reduce Worker Misclassification

On December 5, 2011, the Colorado Department of Labor and Employment (CDLE) and the U.S. Department of Labor's (DOL) Wage and Hour Division signed a memorandum of understanding regarding the improper classification of employees as independent contractors.

Colorado Says "Yes" to Increased Minimum Wage Proposal

As previously discussed, Colorado proposed increasing its minimum wage rate for 2012. On December 9, 2011, after holding hearings and soliciting comments on the proposed increase, the Colorado Department of Labor & Employment announced the minimum wage rate employees must be paid, effective January 1, 2012: the minimum wage increases 28 cents per hour, from $7.36 to $7.64 per hour; the rate paid to tipped employees also increases 28 cents per hour, from $4.34 to $4.62 per hour.

Denver Voters Reject Paid Sick Time Ordinance

As of 11:50 p.m. on November 1, 2011, the City and County of Denver Coordinated Election results were in. By a margin of 66,719 votes (64.02%) against to 37,498 votes (35.98%) in favor, Ballot Initiative 300 - the Denver Paid Sick and Safe Time Ordinance, failed

Colorado Court of Appeals Issues Employer-Friendly Decision in Medical Marijuana Case

The Colorado Court of Appeals recently issued an important decision that sheds some light on the murky intersection between medical marijuana use and employment law. Colorado first passed amendments to the state Constitution in 2000, protecting medical marijuana users from criminal prosecution. In 2009, U.S. Attorney General Eric Holder said the Drug Enforcement Agency (DEA) would end raids on state-approved marijuana dispensaries. Since then, the number of dispensaries and individuals seeking medical marijuana in Colorado exploded. Employers have been left in the dark regarding what to do with employees holding medical marijuana cards and how to handle employees’ use of medical marijuana. Although Beinor deals with the denial of unemployment compensation benefits, it is the first case reviewed by an appellate court in Colorado regarding medical marijuana in the employment context, and provides a favorable result for employers. Beinor v. Industrial Claim Appeals Office, No. 10CA1685, Colorado Court of Appeals (August 18, 2011).

Denver’s Proposed Paid Sick and Safe Time Ordinance Moves Forward

In November 2011, Denver voters will decide whether to pass the proposed Denver Paid Sick and Safe Time Ordinance, which would require employers to provide paid sick and safe time leave to employees who work in Denver. The ordinance is one of the latest pieces of paid sick time legislation that is making its way to the ballot box by advocates across the country, including the National Partnership for Women & Families.

Proposed Denver Paid Sick and Safe Time Ordinance: Nothing To Sneeze At

Promoting public health? Sounds good. Making sure working adults stay at home when they are sick? I'm on board. Flexible and supportive working environment? Of course, who doesn't want that.

Colorado Joins Majority of Courts in Holding that Continued Employment Suffices As Consideration to Support a Non-Compete

As with any contract, to be enforceable, a post-employment restrictive covenant must be supported by consideration. In some states, if a restrictive covenant is signed by an at-will employee after the inception of employment, the covenant must be supported by new and independent consideration (such as a promotion or a raise in salary). In other states, the promise of continued employment—even to an at-will employee—constitutes sufficient consideration.

Colorado Supreme Court Rules Continued Employment Is Sufficient Consideration For Restrictive Covenant

Reversing a state court of appeals’ decision, the Colorado Supreme Court has held that an employer’s continued employment of a current at-will employee provides sufficient consideration for a non-competition agreement entered into after the inception of employment. Lucht’s Concrete Pumping, Inc. v. Horner, 09SC627 (Colo. May 31, 2011). The ruling will impact Colorado employers’ decision about how and when to implement non-competition agreements.
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