On April 27, 2020, Colorado will enter a new phase in its fight against COVID-19, when the “Stay-at-Home” Order issued by Governor Polis expires and is replaced by what the governor has labeled relaxed “Safer at Home” restrictions. While the governor has not yet issued an executive order setting forth the precise terms of these new restrictions, his administration has released piecemeal information outlining the general contours of what “safer at home” means for Colorado.
Articles about Colorado Labor and Employment Law Articles.
By Laurie J. Rust and Sebastian Chilco on March 27, 2020
On March 26, 2020, the Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules that require certain employers to provide employees up to four paid sick leave days for a covered COVID-19 reason. The revised rules cover employees under a health care provider’s instructions to quarantine or isolate due to a risk of having COVID-19, in addition to employees with flu-like symptoms who are being tested for COVID-19. Additionally, the revised rules apply to employees at retail establishments that sell groceries, in addition to those who work for an employer engaged in the field of leisure and hospitality, food services, child care, education at all levels (including related services, such as but not limited to cafeterias and transportation to, from, and on campuses), home health care (working with elderly, disabled, ill, or otherwise high-risk individuals), operating a nursing home, or operating a community living facility.
The Governor Jared Polis has issued a “stay at home” order in an effort to slow the spread of the coronavirus (COVID-19) and provide an opportunity for the healthcare system to prepare for the expected increase in demand.
Since the arrival of coronavirus disease 2019 (COVID-19) in Colorado, state and local officials have issued a dizzying array of executive actions in an attempt to slow the spread of the virus.1 This ASAP endeavors to collect and summarize in one place each of these COVID-19-related executive and regulatory actions applicable or relevant to Colorado employers.
On March 16, 2020, the Colorado Overtime & Minimum Pay Standards (COMPS) Order 36 went into effect, bringing sweeping changes to Colorado’s wage and hour laws. COMPS Order 36 represents a dramatic shift from previous Colorado wage orders, significantly increasing the coverage of the rules, placing greater limitations on exemptions
On March 16, 2020, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay Standards Order Number 36 (“COMPS Order 36”) officially went into effect. COMPS Order 36 applies to virtually all private employers in Colorado and overhauls wage and pay regulations, including overtime, meal and rest breaks, exemption tests, and numerous other areas. Detailed information regarding the requirements under COMPS Order 36 can be found here.
The Colorado Department of Labor and Employment released new FAQs to clarify requirements under the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules, issued on March 11, 2020, that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19. The FAQs define covered industries, address what it means to “engage” in a covered industry, discuss employee notice and documentation requirements, and outline employer payment obligations.
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) adopted the Colorado HELP Rules to require up to four days of paid sick leave for employees in select industries to attend to flu-related symptoms and treatment.
Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay Standards Order Number 36 (“COMPS Order 36”). COMPS Order 36 replaces prior Minimum Wage Orders, which covered only four industries, and expands Colorado overtime, meal and rest break, and travel time requirements, as well as exemption tests, among other rules, to virtually all private employers in the state.
Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State. The Littler Denver office will be carefully monitoring these issues and other state and local developments as they unfold.
Beginning March 16, 2020, sweeping minimum wage, overtime, and other rules affecting the payment of wages will take effect in Colorado. The changes are included in the Colorado Overtime & Minimum Pay Standards (COMPS) Order, formerly known as the Colorado Minimum Wage Order.
The Colorado Department of Labor and Employment (CDLE) has adopted permanent amendments to its Wage Protection Act Rules (Permanent WPA Rules) that include a prohibition against forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA).
The Colorado Department of Labor and Employment (CDLE) has proposed amendments to its Wage Protection Act Rules (Proposed WPA Rules) that include a prohibition against forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA).
The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado restrictive covenants: it is the parties’ job to craft narrow agreements, and they cannot count on the courts to step in and rescue an otherwise overbroad agreement.
An employer’s vacation policy did not violate the Colorado Wage Claim Act (CWCA), despite stating that employees forfeit earned vacation pay if they are discharged or quit without giving two weeks’ notice, the Colorado Court of Appeals has held. Nieto v. Clark’s Market, Inc., 2019 COA 98 (Colo. App. June 27, 2019).