The 2024 Colorado legislative session has concluded and resulted in several new laws affecting Colorado employers. This Insight provides an overview of some significant changes....more
7/3/2024
/ Anti-Discrimination Policies ,
Colorado ,
Delivery Drivers ,
Employee Benefits ,
Employer Liability Issues ,
Governor Vetoes ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process. JAFA’s...more
On June 6, 2023, Governor Polis signed into law the Protecting Opportunities and Workers’ Rights (POWR) Act, which imposes far-reaching changes to the Colorado Anti-Discrimination Act (CADA) and Colorado employment law...more
On June 2, 2023, Governor Jared Polis signed into law Senate Bill 23-017, which expands the reasons employees can use paid sick leave under Colorado’s Healthy Families & Workplaces Act (HFWA). In addition to the health and...more
Since January 1, 2021, Colorado’s Healthy Families & Workplaces Act (HFWA) has required employers to provide up to 80 hours of supplemental public health emergency leave (“PHE leave”) for conditions relating to COVID-19. That...more
5/16/2023
/ Colorado ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
New Guidance ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Effective January 1, 2023, regulations under Colorado’s Healthy Families and Workplaces Act (HFWA) will again change how employers calculate the rate of pay when employees use paid sick and safe leave and/or public health...more
At the outset of the COVID-19 pandemic, a number of jurisdictions enacted sick leave laws specifically designed for absences due to COVID-19. Some states, however, enacted permanent changes to their leave laws that apply...more
11/22/2022
/ Emergency Management Plans ,
Infectious Diseases ,
Influenza ,
Labor Reform ,
Paid Time Off (PTO) ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Colorado’s rulemaking process regarding its new paid family and medical leave insurance program (“FAMLI”) continues. On August 26, 2022, the state published final regulations on benefits and employer participation...more
In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in...more
7/28/2022
/ Concealed Carry Permit ,
Concealed Weapons ,
Employer Liability Issues ,
Employment Policies ,
Firearms ,
Gun Laws ,
New York ,
New York State Rifle & Pistol Association Inc et al v Bruen Superintendent of New York State Police et al ,
SCOTUS ,
Second Amendment ,
Self-Defense
On June 24, 2022, Colorado’s Department of Labor and Employment (CDLE) published a revised version of its Interpretive Notice & Formal Opinion (INFO) #6B regarding the Healthy Families and Workplaces Act (HFWA), the state’s...more
Colorado enacted a slew of employment-related legislation in the 2022 legislative session. One important new piece of legislation, Senate Bill 22-234, updates the notice requirements regarding unemployment insurance that...more
In 2020, Colorado enacted a statewide paid family and medical leave insurance program, following roughly a dozen states that have adopted similar programs in recent years. Since that time, the state has been building a new...more
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress...more
On January 13, 2022, the U.S. Supreme Court, in a 5-4 decision, lifted lower court injunctions that had blocked enforcement in 25 states of the Centers for Medicare and Medicaid Services (CMS) Interim Final Rule requiring...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Preliminary Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
Healthcare providers in Colorado must be cognizant of multiple rules relating to vaccine mandates for their employees. While the Centers for Medicare and Medicaid Services (“CMS”) interim final rule (“CMS vaccine mandate”)...more
12/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Colorado ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 29 and 30, 2021, two separate federal district courts—the Western District of Louisiana and Eastern District of Missouri—issued injunctions blocking enforcement of the Centers for Medicare and Medicaid Services...more
12/3/2021
/ Arbitrary and Capricious ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Irreparable Harm ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
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...more
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...more
9/2/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 18, 2021, President Biden announced that nursing home staff must be vaccinated against COVID-19 or the facilities employing them could lose federal Medicare and Medicaid funding. ...more
8/19/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Federal Funding ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Nursing Homes ,
Public Health Emergency ,
Vaccinations
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,...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Since July 2020, Colorado has required that all employees wear a face covering while working indoors. However, Colorado Governor Jared Polis recently announced significant changes to the statewide mask order. ...more
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...more
Earlier this year, Colorado enacted a complex paid sick leave law, the Healthy Families and Workplaces Act (HFWA), which requires Colorado employers to provide three distinct types of paid sick leave...more
For years, a group of Colorado’s legislators tried—without success—to enact a statewide paid family and medical leave (PFML) program. Facing gridlock at the statehouse, advocates of PFML opted to take the issue directly to...more