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.
Articles Discussing General Topics Under Colorado Labor & Employment Law.
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
Colorado Enacts Legislation Restricting Employers from Requesting Age-Related Information from Job Applicants
On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process.
Colorado’s POWR Act Significantly Expands Workplace Harassment Laws, Limits Nondisclosure Provisions, and Makes Numerous Other Changes to Employment Law
Colorado’s POWR Act discards the “severe or pervasive” standard for harassment claims, lowering the standard for such claims in Colorado. The law also adds multiple conditions an employer must meet to enter into a nondisclosure agreement with employees. Employers must also comply with robust record-keeping requirements for personnel
Colorado’s Job Application Fairness Act Restricts Employers’ Ability to Request Age-Related Information From Applicants
On June 2, 2023, Colorado enacted the Job Application Fairness Act (JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring process. Starting on July 1, 2024, JAFA will bar Colorado employers from requesting or requiring that job applicants provide information related
Colorado Expands Employer Job Posting Obligations: Promotional Opportunity Evolution
Employers across the country have grappled with the requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA), since it went into effect on January 1, 2021. The act was the only one of its kind at the time, and has spawned similar legislative efforts around the country, including in
Colorado Sick Leave Requirements Expanded to Cover Absences for Bereavement and Inclement Weather
On June 2, 2023, Governor Jared Polis signed into law Senate Bill (SB) 23-017, which expands the qualifying reasons an employee may take leave under the Colorado Healthy Families and Workplaces Act (HFWA).
Colorado Legislature Passes the Ensure Equal Pay for Equal Work Act
The Colorado legislature has passed the Ensure Equal Pay for Equal Work Act, amending the Equal Pay for Equal Work Act (EPEW) to clarify and enhance an employer’s obligations relating to announcement of a promotional opportunity (which the Act refers to as a “job opportunity”). The Act was sent to
The Public Health Emergency Has Ended; Colorado Employees May Use Public Health Emergency Leave for Three More Weeks
The end of the public health emergency (PHE) began the sunsetting of the Colorado Healthy Families and Workplaces Act’s requirement for employers in Colorado to provide PHE leave stemming from the COVID-19 pandemic. This means that Colorado employees may use PHE leave through June 8, 2023.
Colorado Supplemental Sick Leave Relating to COVID-19 Ends in June 2023
Since January 1, 2021, Colorado’s Healthy Families & Workplaces Act (HFWA) has required employers to provide up to 80 hours of supplemental public health emergency leave (“PHE leave”) for conditions relating to COVID-19. That obligation ends on June 9, 2023.
Colorado Mandates Annual Notice to Employees Regarding Available Income Tax Credits
In addition to issuing annual statements showing the total compensation paid and income tax withheld for the preceding calendar year, Colorado employers are now required to notify employees in writing of the availability of income tax credits.
Algorithms, Predictive Models, and the Colorado Division of Insurance
While programs such as Artificial Intelligence bots that can write poetry or develop art are capturing people’s interest, administrative agencies across the country are concerned about how similar technology including algorithms and automated decision making may affect employees and consumers alike. The Equal Employment Opportunity Commission (EEOC) to the New
Colorado’s New Pay Standards Reflect the State’s Rising Cost of Living
The Colorado Department of Labor and Employment (CDLE) recently released the 2023 Publication and Yearly Calculation of Adjusted Labor Compensation Order (2023 PAY CALC Order). The 2023 PAY CALC Order has increased the compensation thresholds applicable to a variety of Colorado wage-and-hour and workplace requirements.