Colorado - General

Nearly two years after declaring a public health emergency exists due to the COVID-19 pandemic, the U.S. Department of Health and Human Services (“HHS”) has extended that determination yet again. On January 14, 2022, U.S. Secretary of Health and Human Services Xavier Becerra announced the eighth con

Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. § 8-2-113, may subject employers to criminal liability.

Colorado’s legal landscape continues to shift. Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S. Effective March 1, 2022, violations of section 8-2-113 are a Class 2 Misdemeanor. As a result,

Healthcare providers in Colorado must be cognizant of multiple rules relating to vaccine mandates for their employees.

On November 10, 2021, after a public hearing and comment submission period, the Colorado Department of Labor and Employment (CDLE) published three final rules: (1) the Colorado Overtime and Minimum Pay Standards Order #38 (COMPS 38), (2) the 2022 Publication and Yearly Calculation of Adjusted Labor

The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. If adopted for 2022, the Wage Protection Rules would significantly expand the

The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S. Secretary of Health and Human Services Xavier Becerra announced another extensio

On October 8, 2021, the Douglas County Health Department—which recently separated from the Tri-County Health Department (that covered Douglas, Adams and Arapahoe Counties—issued a public health order relating to COVID-19 mitigation protocols (the “PHO”).

On August 30, 2021, the Colorado Board of Health (the “Board”) adopted an emergency rule, 6 CCR 1101-1, Chapter 2 Part 12 , mandating that all employees, direct contractors, and support staff (“covered employees”) in licensed healthcare settings in Colorado receive their first dose of the COVID-19 v

On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate wil

In November 2020, the Colorado Department of Labor and Employment (CDLE) adopted Colorado Overtime and Minimum Pay Standards Order (COMPS) #37 , which went into effect on January 1, 2021. COMPS #37 , like its predecessor orders, outlined the requirements for employees to qualify for exemption from C

Employers covered by the Colorado Equal Pay for Equal Work Act, Part 2 (EPEWA) will now have to post wage and benefit information for all covered promotional opportunities and job openings (including remote jobs that can be performed anywhere), unless that work is specifically tied to a non-Colorado

With the enactment of the Colorado Privacy Act on July 7, 2021, Colorado now joins Virginia1 in transforming the first major state privacy law, the California Consumer Privacy Act (CCPA), from an outlier into what now appears to be the beginning of an inevitable trend.

Over the last two years, Colorado enacted some significant employment laws, including the Healthy Families & Workplaces Act and Equal Pay for Equal Work Act . Colorado’s 2021 legislative session ended on June 12, 2021.

On June 14, 2021, the Colorado Supreme Court provided an answer to the long-standing question of whether “use-it-or-lose-it” vacation policies are permissible under the Colorado Wage Claim Act (CWCA). In the case of Nieto v. Clark’s Market , No. 19SC553, the Colorado Supreme Court held that an emplo

The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v. Ragan , 2021 COA 75, settled an open question in Colorado regarding whethe

On June 14, 2021, the Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market , holding that company policies that provide for the forfeiture of earned vacation pay are unenforceable under Colorado law. The Colorado Supreme Court reversed the lower court’s decision and ali

Since July 2020, Colorado has required that all employees wear a face covering while working indoors.1 However, Colorado Governor Jared Polis recently announced significant changes to the statewide mask order. Still, there are several considerations employers must make before permitting employees to

The Colorado Legislature has formally introduced Senate Bill 21-176, the Protecting Opportunities and Workers’ Rights (POWR) Act, which would impose sweeping changes to Colorado’s anti-discrimination law. Among other amendments, the proposal includes coverage of independent contractors, prohibits co

On February 23, 2021, the Colorado Department of Labor and Employment (“CDLE” or the “Division”) issued revisions to the Wage Protection Rules, 7 CCR 1103-7 , relating to Colorado employers’ paid sick leave obligations under the Healthy Families and Workplaces Act (“HFWA”).