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 State Employment Law Articles
Report Link New Colorado Law Clamps Down on Employers Who Misclassify Workers.Fisher & Phillips, LLP - June 08, 2009 On June 2, 2009, Governor Ritter signed into law H.B. 1310 paving the way for any person to file complaints with the Colorado Department of Labor and Employment ("CDOLE") asserting that an employer has improperly classified an employee as an independent contractor. The new law became effective immediately and imposes a fine of $5,000 per misclassified employee, which could jump to $25,000 for a second or subsequent offense. Additionally, repeat offenders could be barred from contracting with the state for up to two years. Report Link Colorado Bans Employer Restrictions on Individual Employees' Right to Discuss Their Salaries.Jackson Lewis LLP - July 28, 2008 Colorado employers must eliminate any policies and amend any agreements that prohibit their employees from discussing their salaries or wages with others under the state's new Wage Transparency Act (the "Act"). While the federal National Labor Relations Act protects the rights of employees acting in concert, the Colorado law protects employees on an individual level. The Act does not apply to employers who are exempt from the NLRA. The Act, effective August 5, 2008, amends the Colorado Anti-Discrimination Act to prohibit employers from taking any adverse action against an "employee or other person" who discusses the employee's wages. Furthermore, the Act prohibits making nondisclosure of wages a condition of employment. Report Link Colorado Enacts Law Guaranteeing Employees the Right to Discuss Their Wages.Littler Mendelson, P.C. - July 09, 2008 In April 2008, Colorado Governor Bill Ritter signed Senate Bill 122, entitled the "Wage Transparency Act" (the "Act"). The Act, which amends the Colorado Anti-Discrimination Act and is effective August 5, 2008, prohibits employers from taking adverse actions against employees who discuss their wages with others. Employers often have policies prohibiting or restricting their employees from such communications. Colorado now joins only a few other states – including California, Michigan, and Illinois – in prohibiting such employer policies. Report Link Colorado Division of Labor Issues Important Clarification of Management Overtime Exemption Test.Littler Mendelson, P.C. - November 02, 2005 Managers in the Retail and Service, Commercial Support Service, Food and Beverage, and Health and Medical industries must meet overtime exemption tests under both state and federal to be considered "exempt" in Colorado. There are significant differences between state and federal law. For example, while managers may be considered exempt under the federal "primary duty" test under federal law, the same is not necessarily true under Colorado state law. Instead, under Colorado Minimum Wage Order Number 22, managers "must spend a minimum of 50% of the workweek in duties directly related to supervision" in order to satisfy the "Executive or Supervisor" exemption in Colorado.
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March 24, 2010 Fisher & Phillips |
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