The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.1 In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018) (“Hernandez”), the court held that claims under Colorado’s Wage Claim Act (the “Wage Act”) must be brought within two or three years of when the wages first become due and payable, overruling several decisions that held terminated employees could make a claim for any unpaid wages earned during the entire course of their employment.
Articles about Colorado Labor and Employment Law Articles.
Colorado Law Claims for Unpaid Wages Limited to Two or Three Years Prior to Termination
Under the Colorado Wage Claim Act (CWCA), a terminated employee’s right to seek unpaid wages or compensation at termination is subject to the two- or three-year statute of limitations found in the CWCA, the Colorado Supreme Court has held. Hernandez v. Domenico Farms, Inc., 2018 CO 15 (Mar. 5, 2018).
Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement
Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection requirement unnecessarily burdened employers because it was redundant of federal requirements for the Form I-9 and did nothing additional to ensure legal work status of employees in the state.
Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information
Encouraging government whistleblowers, an amendment to Colorado law bars disciplinary actions against state employees who reveal confidential information while reporting instances of waste, mismanagement of public funds, abuses of authority, or illegal and unethical practices to a designated “whistleblower review agency.” Colorado Governor John Hickenlooper signed the amendment (SB 16-056) to Colorado Revised Statutes Section 24-50.5-101 et seq. on June 10, 2016.
Colorado Law Grants Employees Right to Access Personnel Files
Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records.
New Colorado Law Grants Employees Access to Personnel Files
Colorado Governor John Hickenlooper has signed into law new requirements specifying when and how private-sector employers must respond to their employees’ requests for inspection and copying of their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records.
Colorado Repeals State Employment Verification Requirement
Beginning on August 10, 2016, Colorado employers will be relieved of the additional state verification and retention obligations related to the Form I-9, Employment Eligibility Verification.
Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files
On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law. The Bill, which provides certain current and former private-sector employees the right to access and obtain a copy of their personnel files, will take effect on January 1, 2017.
Colorado Expands Pregnancy Discrimination Law
Colorado Governor John Hickenlooper has signed into law a bill that makes it an unfair employment practice if an employer fails to provide reasonable accommodations to a job applicant or an employee for conditions related to pregnancy or childbirth.
Pre- and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act
States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up to six full weeks.1 More than a dozen states have passed laws protecting the rights of pregnant workers with respect to leaves, accommodations, and related issues.2 Colorado has now joined the ranks.
U.S. Supreme Court Denies Permission For Lawsuit Seeking to Invalidate Colorado’s Legalization Of Marijuana
The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.
U.S. Opposes Lawsuit By States Seeking To Overturn Colorado Legalization of Marijuana
The U.S. Solicitor General filed a brief in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against the state of Colorado, arguing that Colorado’s legalization of marijuana is unconstitutional. They argue that the “legal” marijuana in Colorado overflows into its neighboring states, creating law enforcement problems for those states. Among other things, Nebraska and Oklahoma argue that Colorado’s law is preempted by federal law which provides that marijuana is illegal. We blogged about that motion here.
Colorado Labor Division Guidance Clarifies Forfeiture of Vacation Pay Sometimes Permissible
Colorado employers are not required to provide their employees any paid vacation benefit. However, when they do, clear “use-it-or-lose-it” provisions in vacation policies are valid under certain conditions under the Colorado Wage Claim Act, according to the Colorado Division of Labor’s guidance on vacation pay.
Colorado Division of Labor Issues New Guidance on “Use-It-Or-Lose-It” Vacation Policies, But Questions Remain
The Colorado Department of Labor and Employment’s Division of Labor has promulgated new guidance on “use-it-or-lose-it” vacation policies. While the Colorado Division of Labor has taken no enforcement position on use-it-or-lose it policies for many years, the Wage Protection Act of 2014 gave the Division new enforcement authority to adjudicate complaints for unpaid wages (including earned vacation time). As such, the Division now feels that it is in a position where it must take a formal position on vacation policies.
Colorado Companions for Elderly Entitled to Overtime Pay
The minimum wage and overtime pay rules in Colorado’s Minimum Wage Order (MWO) apply to companions for the elderly or infirm who work for third-party employers, a federal judge in Colorado has ruled. Kennett v. Bayada Home Health Care, Inc., 14-cv-2005-CMA-MJW (D. Colo. Sept. 24, 2015).