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New Year, New Rules for Colorado Employers

This year brought many changes to Colorado’s employment laws, as we discussed in our previous Insight. On January 1, 2024, implementing rules for the Colorado Family and Medical Leave Insurance (FAMLI) Act and the Colorado...more

Significant Changes Ahead for Colorado Employers – Colorado’s 2023 Legislative Session Produces Extensive Employment Law Changes

Buckle up, Colorado employers. As a result of the 2023 legislative session, Colorado passed several laws that either created new rights for employees or materially amended existing employee rights. This year’s changes...more

Denver Revises Municipal Code to Increase Civil Penalties Related to Wage Theft Violations and Expands “Up the Chain” Liability

On Tuesday, January 10, 2023, Denver Mayor Michael Hancock signed Bill 22-1614 after it passed the Denver City Council the previous day by unanimous vote. With the Bill’s passage comes increased penalties and new requirements...more

Ready or not, Colorado’s FAMLI Program is Here and With New Year Requirements

Colorado’s long-anticipated Family and Medical Leave Insurance (FAMLI) program is right around the corner for employee use — but employer requirements are already here. Effective January 1, 2023, employers have certain...more

Colorado’s Public Health Emergency Leave Now Covers COVID-19 and ‘Similar Respiratory Illnesses’

Colorado’s Healthy Families and Workplaces Act (the HFWA) requires employers provide up to two weeks of supplemental paid sick leave — often referred to as public health emergency leave (PHEL) — when a public health emergency...more

Coming August 2022: Colorado Substantially Limits Noncompete Agreements

Beginning August 10, 2022, Colorado will drastically narrow the circumstances in which Colorado employers can seek to enforce noncompete and other restrictive employment agreements. Despite Colorado law already having a...more

Colorado Issues New Guidance on Prohibition Against Forfeiture of Earned Vacation or PTO

A series of recent developments in Colorado law have made it clear that employers are prohibited from causing employees to forfeit earned vacation time. A compilation of recent developments and the Colorado Department of...more

Several States are Increasing Penalties for Enforcing Non-Compete Agreements

As non-competition laws and the scrutiny of non-compete agreements continue to be in the spotlight, several states are revisiting their non-compete laws. Colorado has been in the spotlight after the Colorado Legislature...more

Colorado Increases Its Criminal Penalty for Violations of Its Noncompete Law

On July 6, 2021, the Colorado legislature passed S.B. 21-271 in an effort to reform the sentencing provisions related to a number of petty offenses and misdemeanors. As a result, several Colorado laws related to labor and...more

Colorado Department of Labor and Employment Proposes New Language for Wage and Hour Rules

Fall 2021 Rulemaking - The Colorado Department of Labor and Employment (CDLE) has proposed revised language for the wage and hour rules that, if adopted, will become effective as early as January 1, 2022. Specifically, the...more

New Guidance on the Colorado Equal Pay for Equal Work Act

The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics recently issued revised guidance on the Colorado Equal Pay for Equal Work Act (CEPEWA) and the accompanying Equal Pay Transparency...more

Parties Stipulate to Dismissal of Legal Challenge to Colorado Equal Pay for Equal Work Act

On July 6, 2021, the parties to a lawsuit challenging the Colorado Equal Pay for Equal Work Act (CEPEWA) filed a stipulation to dismiss the action without prejudice, with the litigants bearing their own costs and attorneys’...more

Accrued but Unused Vacation Pay Must Be Paid Out Upon Termination of Employment in Colorado

On June 14, 2021, the Colorado Supreme Court held that although the Colorado Wage Claim Act (CWCA) does not require employers to provide employees with vacation pay, if employers choose to provide vacation pay, all accrued...more

Colorado Passes Paid Family and Medical Leave Law

Starting on January 1, 2024, Colorado employees will be entitled to take 12 weeks of paid family and medical leave as a result of the passage of Colorado Proposition 118, the Paid Medical and Family Leave Initiative....more

Colorado Employers: Prepare to Comply With Equal Pay for Equal Work Act Taking Effect January 1, 2021

Colorado employers should prepare to comply with the Equal Pay for Equal Work Act (EPEWA), which will become law in the state on January 1, 2021. The new law will prohibit employment discrimination on the basis of sex, which...more

Question & Answer Employer Guide: Return to Work in the Time of COVID-19 (Updated)

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more

Question & Answer Employer Guide: Return to Work in the Time of COVID-19

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more

Colorado Employers: Prepare Now for Extensive New Overtime and Minimum Pay Standards

Note: This alert has been revised to reflect updates to the rule that were posted to the Colorado Department of Labor and Employment’s website. Colorado employers should take steps now to ensure compliance with the new...more

Colorado and Denver Ring in 2020 With Minimum Wage Hikes

Starting January 1, 2020, Colorado’s minimum wage will increase from $11.10 to $12 per hour. The minimum wage for tipped employees will increase from $8.08 to $8.98 per hour. In 2021 and annually thereafter, Colorado’s...more

Colorado Court Finds Agreements Between Employers and Employees Govern Payment of Accrued Vacation Upon Termination

Colorado employers recently received important clarification regarding their obligation to pay out accrued vacation time upon an employee’s termination. In Nieto v. Clark’s Market, ___ P.3d ___ , 2019 WL 2621236 (Colo. App....more

Franchise Industry Victory: McDonald's Defeats Joint Employment Claim Based on Ostensible Agency Theory

On March 10, 2017, a federal court in California granted summary judgment in favor of McDonald’s and dismissed joint employment claims that had been brought against it by employees of one of its franchisees. In Salazar v....more

"Use-It-Or-Lose-It" Vacation Policies Declared Permissible in Colorado

The Colorado Department of Labor-Division of Labor has issued much needed guidance confirming that "use-it-or-lose-it" vacation policies are permissible under the Colorado Wage Protection Act provided that the policy is...more

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