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10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier exemption even when the employee does not actually travel out of state. Combs v. Jaguar Energy Services, LLC, No. 16-1250 (March 31, 2017).

Wage Violations Are Now “Public Record” Under Colorado’s New Wage Theft Transparency Act

On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately. The Act makes “wage theft” violations in Colorado, including nonpayment of wages or overtime compensation, public record and subject to records requests under the Colorado Open Records Act.

Colorado Supreme Court Ruling May Result in Disclosure of Trade Secrets

Earlier this month, the Colorado Supreme Court ruled that a party in litigation seeking to prevent responsive discoverable information from disclosure under a protective order must first demonstrate that the information in fact constitutes trade secrets or other confidential information before a protective order can be entered. This seemingly obvious requirement illustrates the dangers that can be posed by cutting corners early on in litigation.

Labor and Employment Law Under the Trump Administration: A Brief Overview for Colorado Employers

With the election of Donald Trump as U.S. president last month, many are wondering what impact the new Trump administration will have on employers. President-elect Trump has given few details regarding his plans for labor and employment policy, but the following is a summary of how different areas of labor and employment could be affected by the incoming administration.

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection requirement unnecessarily burdened employers because it was redundant of federal requirements for the Form I-9 and did nothing additional to ensure legal work status of employees in the state.

Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information

Encouraging government whistleblowers, an amendment to Colorado law bars disciplinary actions against state employees who reveal confidential information while reporting instances of waste, mismanagement of public funds, abuses of authority, or illegal and unethical practices to a designated “whistleblower review agency.” Colorado Governor John Hickenlooper signed the amendment (SB 16-056) to Colorado Revised Statutes Section 24-50.5-101 et seq. on June 10, 2016.

Five New State Laws Will Soon Affect Colorado Employers

Colorado Governor John Hickenlooper recently signed five bills into law that will soon impact employers in a number of different ways. Employers who do business in the state will face a new legal framework with respect to personnel files, classification of workers as employees or independent contractors for unemployment purposes, work status verification, and employment of workers with intellectual or developmental disabilities. Moreover, public employers will have additional challenges when it comes to employee whistleblowers.

New Colorado Law Requires Employee Access to Personnel Files

On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least once annually. The law does not apply to public sector employers (whose employees already have access to such records through the Colorado Open Records Act).

Colorado Law Grants Employees Right to Access Personnel Files

Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records.

New Colorado Law Grants Employees Access to Personnel Files

Colorado Governor John Hickenlooper has signed into law new requirements specifying when and how private-sector employers must respond to their employees’ requests for inspection and copying of their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records.