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
Articles Discussing General Topics Under Colorado Labor & Employment Law.
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 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.
Colorado Equal Pay Transparency Law Update: Final Rules Released
The Colorado Department of Labor Employment (CDLE) has issued the highly anticipated final Equal Pay Transparency (EPT) Rules and the Statement of Basis, Purpose, Specific Statutory Authority, and Findings, which seek to clarify the Colorado Ensure Equal Pay for Equal Work Act. The rules, which are largely unchanged from their proposed version, will become effective on January 1, 2024.
New Edgewater, Colorado Minimum Wage Ordinance Highlights Compliance Challenge
The Colorado locality of Edgewater—which borders Denver and has a population of around 5,000—has enacted its own local minimum wage ordinance, which takes effect January 1, 2024. The new law demonstrates how challenging multi-jurisdiction compliance can be for employers.
Changes to Paid Sick Leave and Supplemental Public Health Emergency Leave for Colorado Employees
Starting on August 7, 2023, Colorado employees will be able to use paid sick leave for additional reasons under the Healthy Families and Workplaces Act (HFWA). Governor Jared Polis signed Senate Bill 23-017 into law on June 2, 2023, and it is expected to become effective on August 7, 2023.
Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from Complying with Post-Employment Obligations
In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because the company materially breached the employment agreement first. Accordingly, even though the restrictive covenant
Colorado Significantly Expands the Rights of Public Employees at Hospitals, Universities, Schools, and Special Districts
The Colorado Protections of Public Workers Act extends NLRA Section 7-type rights to many public employees. The law does not, however, provide for a procedure for a representation election, create an employer obligation to recognize any labor organization for purposes of collective bargaining, or create an obligation to