In 2020, The Colorado Department of Labor and Employment issued guidance (INFO #6A and #6B) to employers regarding the Healthy Families and Workplaces Act (“HFWA”). INFO #6C summarizes how paid leave differs (1) from requirements in 2020 to those in 2021; and (2) between federal and Colorado law. These Colorado Department of Labor and Employment […]

As businesses around Colorado ring in the New Year, employers should be aware that the latest Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #38, Wage Protection Rules, and 2022 PAY CALC went into effect on January 1, 2022.  There are several key points for employers to be aware of: Under the new Wage […]

Unrein v. PHC-Fort Morgan, Inc.

In April 2021, the United States Court of Appeals for the Tenth Circuit decided Unrein v. PHC-Fort Morgan, Inc., 993 F.3d 873 (10th Cir. 2021).  The plaintiff, a clinical dietician, sued after she was terminated from her job at the defendant’s medical center alleging discrimination under the Americans with Disabilities Act and its Colorado counterpart.  […]

On June 23, 2021, Governor Polis signed the Veterans’ Preference Hiring Bill (HB 21-1065) which permits, but does not require, private employers to give preference in hiring to the following categories of individuals provided that the individual is at least as qualified as all other applicants: 1) a veteran of the armed forces; 2) a […]

In light of the ongoing concerns regarding COVID-19, it is wise for all Colorado employers to revisit the requirements of a new whistleblower statute enacted by the Colorado legislature in July 2020.  On July 11, 2020, Colorado enacted the Public Health Emergency Whistleblower Law (“PHEW”), which went into effect immediately.  Although it was passed during […]

As employees return to the workplace amidst the ongoing COVID-19 pandemic, and with the emergence of the Delta variant, employers have been faced with the issue of whether, and how, to implement vaccination protocols. On September 9, 2021, President Biden announced that all private employers with more than 100 employees, on a company-wide basis, will […]

Effective August 30, 2021, the State Board of Health enacted a rule requiring all individuals “involved in health care and support staff who regularly come into contact and share spaces with vulnerable populations including patients seeking medical care in essential medical settings and in congregate senior living facilities” to be vaccinated against COVID-19. Read the […]

In June 2021, the United States Supreme Court rejected a challenge to the constitutionality of the Patient Protection and Affordable Care Act (“ACA”).  California, et al. v. Texas, et al., Slip Op., Case No. 19-840 (June 17, 2021). In a 7-2 opinion, Justice Breyer, writing for the majority, held that the plaintiffs in that case lacked […]

On May 20, 2021, Governor Polis signed the Gender Identity Expression Anti-Discrimination Act (“Act”) (HB 21-1108) which prohibits employers from discriminating against an individual based on their “gender expression” or “gender identity.” Gender expression is defined in the Act as “an individual’s way of reflecting and expressing their gender to the outside world, typically demonstrated […]

Use It or Lose It Vacation Policies Are Void.

The Colorado Supreme Court decided Nieto v. Clark’s Market on June 14, 2021. The Court found that earned and determinable vacation pay cannot be forfeited. Vacation or PTO time is considered wages under the Colorado Wage Claim Act and must be paid upon the employee’s separation from employment. This presents some tricky questions for employers. […]

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