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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. […]

In Department of Corrections v. Stiles, 2020 CO 90, announced on December 21, 2020, the Colorado Supreme Court clarified the standard of review applicable to an ALJ’s evaluation of a state entity’s employee disciplinary decision.  The Court’s syllabus of the decision provides: “After a certified state employee’s random urinalysis tested positive for marijuana, he was […]

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