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Articles Discussing General Topics Under Colorado Labor & Employment Law.

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Colorado Lifts Ban on Local Minimum Wage Ordinances – With Restrictions

Jackson Lewis P.C.·

Repealing a 20-year old prohibition on local enactment of minimum wage ordinances, on May 28, 2019, Governor Jared Polis signed House Bill 1210 allowing, with certain restrictions, such local ordinances. Under H.B. 1210, no more than 10 percent of Colorado’s local jurisdictions may enact local minim

Colorado Enacts Comprehensive Equal Pay Law

Jackson Lewis P.C.·

Enacting one of the toughest enhanced state pay equity laws to date, Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. The new law, signed by Governor Jared Polis on May 22, 2019, goes into effect on January 1, 2021.

Colorado Passes Comprehensive Equal Pay Law

Jackson Lewis P.C.·

Colorado Governor Jared Polis has signed what is one of the toughest enhanced state pay equity laws to date. Colorado has become the tenth state in the country to pass an equal pay law that is more demanding than federal law. The new law goes into effect on January 1, 2021.

Colorado State Senate Affirms Equal Pay Law...Will it Pass in 2019?

Jackson Lewis P.C.·

Colorado legislators are only a few steps away from approving the Colorado “Equal Pay for Equal Work Act” (SB 19-085) and making it the latest to enact enhanced equal pay legislation.

Colorado Equal Pay Law Introduced

Jackson Lewis P.C.·

On January 17, 2019, Colorado Senate Democrats introduced the “Equal Pay for Equal Work Act” (SB 19-085) to prohibit a wage differential based on an employee’s sex. The bill also contains a salary history ban and pay transparency requirements. If passed, this would be among the most aggressive equal

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

Littler·

On September 20, 2018, the Colorado Court of Appeals issued an impressive 41-page decision on the scope of arbitration agreements and the duty of loyalty in Colorado, Digital Landscape Inc. v. Media Kings LLC, 2018 COA 142 (Colo. App. Sept. 20, 2018). The court concluded that clauses requiring arbit

Colorado Strengthens its Consumer Data Protection Law

Jackson Lewis P.C.·

Back in January, Colorado lawmakers on both sides of the aisle introduced a groundbreaking new bill requiring “reasonable security procedures and practices” for protecting personal identifying information, limiting the time frame to notify affected Colorado residents and the Attorney General of a da

A "Rare" Amendment: Colorado Amends its Non-Compete Statute for the First Time Since 1982 to Protect Physicians Treating Patients with "Rare Disorders"

Littler·

In 1982, the first compact discs were introduced, the Weather Channel debuted, the first artificial heart was successfully implanted in a human patient, and Colorado first enacted its statute governing covenants not to compete, section 8-2-113, C.R.S. Since then, to say that business and technology

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

Littler·

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado.1 In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018) (“Hernandez”), the court held that claims under Colorado’s Wage Claim Act (the

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Littler·

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection requirement unnecessarily burdened employers because it was redundant of feder

Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information

Jackson Lewis P.C.·

Encouraging government whistleblowers, an amendment to Colorado law bars disciplinary actions against state employees who reveal confidential information while reporting instances of waste, mismanagement of public funds, abuses of authority, or illegal and unethical practices to a designated “whistl

Colorado Law Grants Employees Right to Access Personnel Files

Jackson Lewis P.C.·

Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to their personnel records.

New Colorado Law Grants Employees Access to Personnel Files

Jackson Lewis P.C.·

Colorado Governor John Hickenlooper has signed into law new requirements specifying when and how private-sector employers must respond to their employees’ requests for inspection and copying of their personnel files. Prior to this law, Colorado had no law granting private-sector employees access to

Colorado Repeals State Employment Verification Requirement

Jackson Lewis P.C.·

Beginning on August 10, 2016, Colorado employers will be relieved of the additional state verification and retention obligations related to the Form I-9, Employment Eligibility Verification.

Colorado Grants Certain Private-Sector Employees the Right to Inspect Their Personnel Files

Littler·

On June 10, 2016, Governor John W. Hickenlooper signed Colorado House Bill 16-1432, Personnel Files Employee Inspection Right (the “Bill”), into law. The Bill, which provides certain current and former private-sector employees the right to access and obtain a copy of their personnel files, will take

Colorado Expands Pregnancy Discrimination Law

Jackson Lewis P.C.·

Colorado Governor John Hickenlooper has signed into law a bill that makes it an unfair employment practice if an employer fails to provide reasonable accommodations to a job applicant or an employee for conditions related to pregnancy or childbirth.

Pre- and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

Littler·

States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up to six full weeks.1 More than a dozen states have passed laws protecting th

U.S. Supreme Court Denies Permission For Lawsuit Seeking to Invalidate Colorado’s Legalization Of Marijuana

Jackson Lewis P.C.·

The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.

U.S. Opposes Lawsuit By States Seeking To Overturn Colorado Legalization of Marijuana

Jackson Lewis P.C.·

The U.S. Solicitor General filed a brief in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against

Colorado Labor Division Guidance Clarifies Forfeiture of Vacation Pay Sometimes Permissible

Jackson Lewis P.C.·

Colorado employers are not required to provide their employees any paid vacation benefit. However, when they do, clear “use-it-or-lose-it” provisions in vacation policies are valid under certain conditions under the Colorado Wage Claim Act, according to the Colorado Division of Labor’s guidance on v