Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. § 8-2-113, may subject employers to criminal liability.
Articles Discussing General Topics Under Colorado Labor & Employment Law.
Colorado Criminalizes Certain Restrictive Covenants
Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S. Effective March 1, 2022, violations of section 8-2-113 are a Class 2 Misdemeanor. As a result, a violation of section 8-2-113 could
Colorado’s Vaccine Mandate for Healthcare Providers Remains in Effect Despite Stays to CMS Vaccine Mandate
Healthcare providers in Colorado must be cognizant of multiple rules relating to vaccine mandates for their employees.
Colorado’s November 2021 Rulemaking: ‘Use It or Lose It’ PTO Is Finally Dead, and Other Highlights
On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38 (COMPS 38), (2) the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation Order (2022 PAY
Colorado Proposes Expanded Definition of Vacation Pay, New Highly Compensated Employee Exemption, Modifications to Paid Sick Time Calculations, and Other Revisions to Wage Regulations
The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. If adopted for 2022, the Wage Protection Rules would significantly expand the definition of “vacation pay” under
The Public Health Emergency Supplemental Leave Requirement in Colorado Is Not Over
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
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.
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