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Colorado Governor Issues Statewide ‘Stay at Home’ Order

The Governor Jared Polis has issued a “stay at home” order in an effort to slow the spread of the coronavirus (COVID-19) and provide an opportunity for the healthcare system to prepare for the expected increase in demand.

Colorado COVID-19 HELP Rules Expand Covered Industries & Uses

By Laurie J. Rust and Sebastian Chilco on March 27, 2020 On March 26, 2020, the Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules that require certain employers to provide employees up to four paid sick leave days for a covered COVID-19 reason. The revised rules cover employees under a health care provider's instructions to quarantine or isolate due to a risk of having COVID-19, in addition to employees with flu-like symptoms who are being tested for COVID-19. Additionally, the revised rules apply to employees at retail establishments that sell groceries, in addition to those who work for an employer engaged in the field of leisure and hospitality, food services, child care, education at all levels (including related services, such as but not limited to cafeterias and transportation to, from, and on campuses), home health care (working with elderly, disabled, ill, or otherwise high-risk individuals), operating a nursing home, or operating a community living facility.

A COVID-19 Guide for Colorado Employers

Since the arrival of coronavirus disease 2019 (COVID-19) in Colorado, state and local officials have issued a dizzying array of executive actions in an attempt to slow the spread of the virus.1 This ASAP endeavors to collect and summarize in one place each of these COVID-19-related executive and regulatory actions applicable or relevant to Colorado employers.

Colorado Makes Minor Revisions to COMPS Order 36 and Provides One-Month Grace Period for Posting and Notice Requirements

On March 16, 2020, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay Standards Order Number 36 (“COMPS Order 36”) officially went into effect. COMPS Order 36 applies to virtually all private employers in Colorado and overhauls wage and pay regulations, including overtime, meal and rest breaks, exemption tests, and numerous other areas. Detailed information regarding the requirements under COMPS Order 36 can be found here.

New FAQs Clarify Colorado Emergency Paid Sick Leave Rules

The Colorado Department of Labor and Employment released new FAQs to clarify requirements under the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules, issued on March 11, 2020, that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19. The FAQs define covered industries, address what it means to "engage" in a covered industry, discuss employee notice and documentation requirements, and outline employer payment obligations.

Colorado Adopts Emergency Rule Mandating Paid Sick Leave for Employees, Effective March 11

On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) adopted the Colorado HELP Rules to require up to four days of paid sick leave for employees in select industries to attend to flu-related symptoms and treatment.

Significant Changes to Colorado Regulations on Wages and Working Conditions for Private Employers Take Effect March 16

Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay Standards Order Number 36 (“COMPS Order 36”). COMPS Order 36 replaces prior Minimum Wage Orders, which covered only four industries, and expands Colorado overtime, meal and rest break, and travel time requirements, as well as exemption tests, among other rules, to virtually all private employers in the state.

Colorado Continues Its Efforts Towards Paid Family Leave

There is a new proposed bill in town, which attempts to create tax incentives to encourage employers to voluntarily support paid parental and medical leave programs. The proposed bill would also encourage employees to save for time away from work during these times, specifically through leave savings accounts for which the employee can contribute up to $5,000 of wages, annually, to pay for leave-related expenses. Leave-related expenses include things like caring for the birth of a child or for a spouse, child, or parent with a serious health condition.

Littler Lightbulb: What’s New in Colorado?

Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State. The Littler Denver office will be carefully monitoring these issues and other state and local developments as they unfold.

Attention Colorado Employers: Significant Wage and Hour Rule Changes Are on the Way

Beginning March 16, 2020, sweeping minimum wage, overtime, and other rules affecting the payment of wages will take effect in Colorado. The changes are included in the Colorado Overtime & Minimum Pay Standards (COMPS) Order, formerly known as the Colorado Minimum Wage Order.
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