The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State.
Articles Discussing General Topics Under Colorado Labor & Employment Law.
Colorado Department of Labor and Employment Releases a Slew of New Guidance
The Colorado Department of Labor and Employment (CDLE) has been busy this summer with the release of several Interpretive Notice & Formal Opinions (INFOs), providing guidance on the evolving landscape of Colorado employment law.
Colorado Enacts Wage Theft Amendments, Increasing Employer Penalties and Permitting Classwide Demands
Colorado has again modified the state’s wage theft laws with the enactment of Senate Bill 22-161. Among other things, the wide-ranging amendments increase penalties for employers that do not timely pay wages, allow employees to demand wages on behalf of a class of similarly situated employees, permit the Colorado
Colorado Updates its Paid Sick Leave Guidance, Including Clarifications on Carry-Over Amounts and Public Health Emergency Leave
On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s paid sick leave law that first took effect in 2020.1 Notably, the updated INFO #6B cl
Colorado Governor Signs Non-Compete Bill, Further Limiting Use of Agreements and Increasing Non-Compliance Penalties
Governor Jared Polis has now signed HB 22-1317, significantly limiting the enforceability of non-compete agreements executed after August 10, 2022 — the law’s effective date — for employers with employees working or living in Colorado. For details of, and a brief Q&A on, the new law, see the articles Colorado Poised
Colorado Updates Notice Requirements for Employees Upon Discharge
Colorado enacted a slew of employment-related legislation in the 2022 legislative session.1 One important new piece of legislation, Senate Bill 22-234, updates the notice requirements regarding unemployment insurance that employers must provide to employees upon termination.
Under preexisting Colorado law,2 employers are required to provide a notice to employees at separation
A Tipster’s Refuge: Colorado Significantly Expands Health, Safety, and Fraud Whistleblower Protections
As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees.
Colorado’s Public Health Emergency Sick Leave Requirement Is Extended Again
The U.S. Department of Health and Human Services (HHS) recently extended its determination that a public health emergency exists due to the COVID-19 pandemic. On April 12, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the renewal of the public health emergency determination.
Colorado Issues First Round of Regulations and Guidance on its Paid Family and Medical Leave Insurance (FAMLI) Program
In 2020, Colorado enacted a statewide paid family and medical leave insurance program, following roughly a dozen states that have adopted similar programs in recent years.1 Since that time, the state has been building a new state-run Paid Family and Medical Leave Insurance (FAMLI) program pursuant to this law,2 and recently
HB 22-1317: A New, More Restrictive Era for Restrictive Covenants in Colorado
The 2022 legislative session of Colorado’s General Assembly closed with a bang. Among a number of new bills affecting employers, perhaps none was as closely watched as HB 22-1317, which provides substantial changes to noncompete and nonsolicitation agreements in Colorado. The bill passed both houses of the legislature and
Colorado’s Public Health Emergency Paid Sick Leave Requirement Continues Into 2022
Nearly two years after declaring a public health emergency exists due to the COVID-19 pandemic, the U.S. Department of Health and Human Services (“HHS”) has extended that determination yet again. On January 14, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the eighth consecutive renewal of the nationwide
Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties
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.
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