Takeaways:A recent Colorado Supreme Court decision deviates from federal law by requiring holiday incentive pay to be included in the regular rate for overtime purposes.Employers covered by Colorado’s COMPS Order 39 should not follow the FLSA when considering holiday pay for purposes of overtime calculation.Colorado employers should review their pay policies and practices and consider drawing a clear distinction between “holiday pay” and “holiday incentive pay” in their policies and practices.Related link:
Articles about Colorado Labor and Employment Law Articles.
Mile-High Times for OSHA in Colorado: Denver and Englewood Area Offices Focus on Cannabis Facilities
Although cannabis remains illegal under federal law, that has not prevented the Occupational Safety and Health Administration (OSHA) from enforcing the Occupational Safety and Health Act (OSH Act) against cannabis-related businesses. Indeed, on July 18, 2024, OSHA’s Englewood and Denver area offices implemented a Local Emphasis Program (LEP) aimed “to
Colorado AG Proposes Amendments to the Colorado Privacy Act Rules to Implement Recent Legislative Updates
Just over one year after the Colorado Privacy Act Rules took effect, the Colorado Attorney General’s Office filed a set of proposed draft amendments that, if implemented, would significantly modify the Rules to reflect recent changes to the CPA. Earlier this year, Governor Jared Polis signed House Bill 1130 and
We get AI for work: Lifting the Veil on Colorado’s AI Act
Artificial intelligence is revolutionizing the workplace, offering unprecedented opportunities for innovation and efficiency. The Colorado AI Act stands at the forefront of this transformation, ensuring that AI is used responsibly and ethically.
Forthcoming Additions and Modifications to Employment Laws in Colorado
Colorado enacted several new laws this session affecting employers. New statutes and amendments add protections for delivery network company drivers, amend the state’s non-compete law, add new protected classifications, create tort liability for AI algorithmic discrimination, amend the state’s privacy act, and lower the threshold for qualifying as a small
Implications for Employers of Colorado’s New Biometrics Law
Effective July 1, 2025, an amendment to the Colorado Privacy Act will impose new requirements on companies that collect and use biometric information.
Colorado Expands Protections for Biometric Information under the Colorado Privacy Act
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal data of individuals acting in a commercial or employment context. Last week, Colorado amended the
Colorado’s Artificial Intelligence Act: What Employers Need to Know
On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill (SB) 24-205, “Concerning Consumer Protections in Interactions With Artificial Intelligence Systems” (the “Colorado Artificial Intelligence (AI) Act”), a groundbreaking measure designed to regulate the private-sector use of AI systems, and, specifically, the risk of algorithmic discrimination arising
Colorado Enacts Artificial Intelligence Legislation Affecting AI Systems Developers, Deployers
Enacting what is perhaps the first comprehensive regulation of artificial intelligence (AI) at the state level in the United States, Colorado’s governor signed the Artificial Intelligence Act, Senate Bill (SB) 24-205, on May 17, 2024.
Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools
Colorado Senate Bill 24-205 (“SB205”) introduces statutory tort liability for AI algorithmic discrimination in employment. If enacted, the bill would require employers using “high-risk” AI tools to implement risk management policies, conduct impact assessments, and provide detailed notices by February 1, 2026.
Colorado’s Guidance on Annual Notice to Employees Regarding Available Income Tax Credits
In November 2023, the Colorado Department of Revenue’s (CDOR) Taxation Division issued guidance containing mandatory language to be included in notices provided to employees regarding available federal and state income tax credits.
Colorado Pay Transparency Amendments Go Live January 1, 2024, Requiring Application Deadlines and Post-Selection Notices
Starting January 1, Colorado employers must comply with new pay transparency requirements in job postings and internal promotional notices. The new law includes various notification requirements for current employees. Colorado Department of Labor and Employment issued new guidance on these requirements.
Colorado Equal Pay Transparency Law Update: Additional Guidance (INFO #9A) Released
Colorado’s revised Equal Pay Transparency Rules go into effect on January 1, 2024. The Colorado Department of Labor and Employment (CDLE) has released additional guidance following release of its final rules for implementation. The CDLE’s Interpretive Notice & Formal Opinion (INFO) #9A provides CDLE’s official opinions, expectations, and examples for employer compliance with
SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts
On November 30, 2023, the Colorado Court of Appeals in Tender Care v.
Colorado Issues Official INFO Guidance on Pay Transparency Amendments
Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA) that will take effect on January 1, 2024, have placed significant new burdens on employers by (a) expanding internal notification requirements to all “job opportunities,” not just promotions, and (b) mandating brand-new post-selection notification requirements.