Colorado - General

The Colorado Department of Labor and Employment's Division of Labor has promulgated new guidance on "use-it-or-lose-it" vacation policies. While the Colorado Division of Labor has taken no enforcement position on use-it-or-lose it policies for many years, the Wage Protection Act of 2014 gave the Div

In a long-awaited decision, the Colorado Supreme Court unanimously upheld an employer’s termination of an employee who tested positive on a drug test due to his off-duty use of medical marijuana. Coats v. Dish Network, LLC, No. 13SC394 (June 15, 2015). Interpreting Colorado’s “lawful activities stat

On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use. In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is permitted under state law but prohibited under federal law—is not a “lawful

In a closely watched case involving the use of medical marijuana by an employee, the Colorado Supreme Court unanimously affirmed the lower courts’ rulings that businesses may fire employees for being under the influence of medical marijuana, even if that use takes place off the job.

In Sarrazin v. Coastal, Inc., 311 Conn. 581 (2014), the Connecticut Supreme Court analyzed when an employee’s travel time between home and work constitutes compensable work time. The Court affirmed the decision of the trial court in holding that a plumber who carried company tools in a company vehic

Effective January 1, 2014, state-licensed retail establishments are permitted to sell marijuana to the general public under Colorado’s “Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” which on November 6, 2012, Colorado voters approved as an amendment to the state constitution. For i

The Colorado Division of Labor is conducting more than a thousand audits on employers each year to enforce Colorado’s Employment Verification Law. The Division has conducted approximately 200 complaint-based audits, 5,400 random audits, and 650 re-audits (more than 6,000 audits total) of employers w

Colorado Governor John Hickenlooper has signed legislation limiting employer access to employees’ and job applicants’ private social media information. Under the measure (HB 13-1046), effective upon signing on May 11, 2013, employers in Colorado may not “suggest, request or require” or cause employe

On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting employment discrimination because of disability, race, creed, color, sex, sexual

Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136), signed on May 5th

Colorado Governor John Hickenlooper has signed into law the “Family Care Act” (“FCA”), expanding coverage of job-protected medical leave to include an employee’s partner in a civil union or domestic partner. The FCA will take effect on August 7, 2013. However, if a referendum petition is filed again

Effective July 1, 2013, Colorado becomes the ninth state to restrict an employer’s right to obtain and use credit information for making employment decisions. Colorado joins California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington.

On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit information” for hiring and other employment purposes unless use of the informa

On November 6, 2012, Colorado voters passed Amendment 64 to the Colorado Constitution by a 55 to 45 percent margin, making Colorado one of the first states in the nation to legalize the recreational use of marijuana. Prior to Election Day, 17 states—including Colorado and the District of Columbia—ha

Amendment 64: The Regulate Marijuana Like Alcohol Act of 2012,” amends the Colorado state constitution to allow persons over 21 to possess up to one ounce of marijuana and grow up to six marijuana plants for personal use. It also authorizes the licensing of retail facilities for sales of marijuana t

Colorado voters are considering an amendment to the state constitution that would allow the “personal use and regulation of marijuana” for adults 21 and over. What matters most in the November 6th ballot initiative? The women’s vote. According to SurveyUSA polls, opposition against Amendment 64 amon

Jackson Lewis has learned that the United States Immigration and Customs Enforcement (“ICE”) will be issuing notices of inspection to review the hiring records of some employers based in Denver on February 14, 2011. The employers will have three days to produce I-9 forms or fines will be assesse