The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S. Secretary of Health and Human Services Xavier Becerra announced another extension of the nationwide COVID-19 public health emergency, effective October
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Douglas County, Colorado Enacts Public Health Order That Conflicts With Colorado, CDC and OSHA Guidance on COVID-19 Quarantine Protocols
On October 8, 2021, the Douglas County Health Department—which recently separated from the Tri-County Health Department (that covered Douglas, Adams and Arapahoe Counties—issued a public health order relating to COVID-19 mitigation protocols (the “PHO”).
Colorado Issues COVID-19 Vaccination Mandate for Many Healthcare Settings
On August 30, 2021, the Colorado Board of Health (the “Board”) adopted an emergency rule, 6 CCR 1101-1, Chapter 2 Part 12, mandating that all employees, direct contractors, and support staff (“covered employees”) in licensed healthcare settings in Colorado receive their first dose of the COVID-19 vaccine by September
Colorado Updates, Clarifies Official Pay Transparency Guidance
Months after first releasing pay transparency guidance, the Colorado Department of Labor and Employment (CDLE) has issued an update. CDLE issued final Equal Pay Transparency (EPT) Rules in November 2020. And, in December 2020, it released Interpretive Notice & Formal Opinions (INFO) #9, which clarified how CDLE will interpret the
Denver Mandates That All Public-Sector and Certain Private-Sector Employees Be Vaccinated for COVID-19
On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate will not be permitted to work
Colorado Moves the Goalposts Again on White-Collar Exemptions
In November 2020, the Colorado Department of Labor and Employment (CDLE) adopted Colorado Overtime and Minimum Pay Standards Order (COMPS) #37, which went into effect on January 1, 2021. COMPS #37, like its predecessor orders, outlined the requirements for employees to qualify for exemption from Colorado’s overtime and minimum wage
Colorado’s Revised INFO #9 Stops the Presses … on Job Postings Requirements
Employers covered by the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) will now have to post wage and benefit information for all covered promotional opportunities and job openings (including remote jobs that can be performed anywhere), unless that work is specifically tied to a non-Colorado worksite. In
Colorado Clarifies Rule on Remote Job Postings
The new Colorado Equal Pay for Equal Work Act (EPEW) and Equal Pay Transparency (EPT) rules have been garnering a lot of attention in recent weeks. First, the litigation challenging the law has been dismissed following denial of Plaintiff’s request for a preliminary injunction. More recently, the law has been
Colorado Becomes Third State To Enact a Comprehensive Privacy Law
Colorado is officially the third U.S. state to enact comprehensive privacy legislation, following California and Virginia. The Colorado General Assembly passed the Colorado Privacy Act (CPA), Senate Bill 21-109, on June 8, 2021, and Governor Jared Polis signed it into law on July 7, 2021.
The Colorado Privacy Act takes
As Colorado and Virginia Follow California’s Lead in Enacting Data Privacy Laws, Employers Must Start Planning to Address an Inevitable Trend
With the enactment of the Colorado Privacy Act on July 7, 2021, Colorado now joins Virginia1 in transforming the first major state privacy law, the California Consumer Privacy Act (CCPA), from an outlier into what now appears to be the beginning of an inevitable trend.
Littler Lightbulb: Colorado Adds New Employment Laws this Session
Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act. Colorado’s 2021 legislative session ended on June 12, 2021.
Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers
Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado. In fact, the act is the only law in the United States to require employers to (1) post compensation and benefits information
Colorado Supreme Court Holds ‘Use-It-Or-Lose-It’ Vacation Policies Are Void in Nieto v. Clark’s Market
On June 14, 2021, the Colorado Supreme Court provided an answer to the long-standing question of whether “use-it-or-lose-it” vacation policies are permissible under the Colorado Wage Claim Act (CWCA). In the case of Nieto v. Clark’s Market, No. 19SC553, the Colorado Supreme Court held that an employer may not require
Colorado Court Decides Issue of First Impression Regarding ERISA Preemption of State Divorce-Revocation Statute
The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v. Ragan, 2021 COA 75, settled an open question in Colorado regarding whether ERISA preempts “post-distribution” lawsuits under Colorado’s
Colorado Supreme Court Finds Policies Requiring Forfeiture of Earned Vacation Unlawful
On June 14, 2021, the Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, holding that company policies that provide for the forfeiture of earned vacation pay are unenforceable under Colorado law. The Colorado Supreme Court reversed the lower court’s decision and aligned its conclusion with
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