The Colorado Division of Labor is conducting more than a thousand audits on employers each year to enforce Colorado’s Employment Verification Law. The Division has conducted approximately 200 complaint-based audits, 5,400 random audits, and 650 re-audits (more than 6,000 audits total) of employers with employees in Colorado since the Law went into effect on January 1, 2007. It has levied over $500,000 in fines and fined more than 160 individual employers.
Articles about Colorado Labor and Employment Law Articles.
Colorado Limits Employers from Demanding Employees, Applicants Private Social Media Information
Colorado Governor John Hickenlooper has signed legislation limiting employer access to employees’ and job applicants’ private social media information. Under the measure (HB 13-1046), effective upon signing on May 11, 2013, employers in Colorado may not “suggest, request or require” or cause employees or applicants to (i) disclose the means of accessing the employees’ or applicants’ personal account or service through the employees’ or applicants’ electronic communication device, or (ii) change their privacy settings for an associated social networking account.
Major Changes to Colorado Discrimination Law Will Negatively Impact Employers Large and Small
On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting employment discrimination because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. Beginning with cases arising on or after January 1, 2015, plaintiffs pursuing claims under the CADA may recover both economic and non-economic damages from employers – including small businesses with fewer than 15 employees – who are found liable for engaging in workplace discrimination.
Colorado Expands Remedies for Workplace Discrimination Claims
Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136), signed on May 5th, employees alleging discrimination can now seek front pay, back pay, interest on back pay, reinstatement or hiring, attorney’s fees, costs, and punitive and compensatory damages, or liquidated damages, for discriminatory acts or practices based on “malice or reckless indifference to the rights of the plaintiff.” They also have a right to a jury trial. Previously, employees were able to seek only hiring, reinstatement, promotion, and back pay. The new law aligns the remedies available under CADA with those available under Title VII of the Civil Rights Act. The state Act becomes effective January 1, 2015.
New Colorado Law Allows Employees to Take Leave to Care for Civil Union and Domestic Partners
Colorado Governor John Hickenlooper has signed into law the “Family Care Act” (“FCA”), expanding coverage of job-protected medical leave to include an employee’s partner in a civil union or domestic partner. The FCA will take effect on August 7, 2013. However, if a referendum petition is filed against it, the FCA would not become effective unless approved by the electorate in the November 2014 general election.
Colorado Becomes Latest State to Restrict Use of Credit Checks for Employment Purposes
Effective July 1, 2013, Colorado becomes the ninth state to restrict an employer’s right to obtain and use credit information for making employment decisions. Colorado joins California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington.
Colorado is the Latest and Ninth State to Enact Legislation Restricting the Use of Credit Reports for Employment Purposes
On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the “Employment Opportunity Act”), which will significantly restrict the ability of Colorado employers to use “consumer credit information” for hiring and other employment purposes unless use of the information is limited to the narrow category of positions set forth in the statute. With this law, Colorado becomes the ninth state to regulate the use of credit-related information for employment purposes, following laws enacted in California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington.1 Colorado’s law goes into effect July 1, 2013.
Colorado Approves Increased Minimum Wage for 2013
The Colorado Department of Labor and Employment has announced that, effective January 1, 2013, the minimum wage for non-exempt employees will increase from $7.64 to $7.78 per hour. Moreover, the minimum wage that tipped employees must be paid increases from $4.62 to $4.76 per hour, whereas the maximum tip credit employers may apply towards meeting their minimum wage obligation remains $3.02 per hour. Colorado joins Missouri, Vermont, and 7 other states that will have increased minimum wage rates in 2013.
What Employers Should Know About Colorado’s New Marijuana Use Law
On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to Election Day, 17 states—including Colorado and the District of Columbia—had laws allowing for the use and possession of medical marijuana. The passage of Amendment 64 does not affect the medical marijuana laws already on the books in Colorado. Along with Colorado, Washington State also approved the recreational use of marijuana.
Employers’ Anti-Drug Policies Remain Enforceable under Colorado’s Marijuana Regulation Act
Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” amends the Colorado state constitution to allow persons over 21 to possess up to one ounce of marijuana and grow up to six marijuana plants for personal use. It also authorizes the licensing of retail facilities for sales of marijuana to adults. The amendment was approved by Colorado voters on November 6, 2012. Public consumption and unlicensed sales in the state will remain illegal.
Colorado Marijuana Legalization Ballot Initiative Loses Ground
Colorado voters are considering an amendment to the state constitution that would allow the “personal use and regulation of marijuana” for adults 21 and over. What matters most in the November 6th ballot initiative? The women’s vote. According to SurveyUSA polls, opposition against Amendment 64 among Colorado women voters seems to be growing.
Colorado Latest to Join U.S. DOL to Reduce Worker Misclassification
On December 5, 2011, the Colorado Department of Labor and Employment (CDLE) and the U.S. Department of Labor’s (DOL) Wage and Hour Division signed a memorandum of understanding regarding the improper classification of employees as independent contractors.
Colorado Supreme Court Rules Continued Employment Is Sufficient Consideration For Restrictive Covenant
Reversing a state court of appeals’ decision, the Colorado Supreme Court has held that an employer’s continued employment of a current at-will employee provides sufficient consideration for a non-competition agreement entered into after the inception of employment. Lucht’s Concrete Pumping, Inc. v. Horner, 09SC627 (Colo. May 31, 2011). The ruling will impact Colorado employers’ decision about how and when to implement non-competition agreements.
ICE to Issue Form I-9 Audit Notices to Employers in Denver
Jackson Lewis has learned that the United States Immigration and Customs Enforcement (“ICEâ€) will be issuing notices of inspection to review the hiring records of some employers based in Denver on February 14, 2011. The employers will have three days to produce I-9 forms or fines will be assessed. ICE will inspect and review hiring records to determine whether they comply with employment eligibility verification laws and regulations.