The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Monitoring COVID-19 and the WARN Act

As COVID-19 continues to spread, impacting business operations around the country and causing employers to lay off workers, employers must consider whether the elimination of jobs triggers notice requirements under the Worker Adjustment and Retraining Notification Act “(WARN Act”).

Read More
Print Friendly and PDF
Trump Signs the Families First Coronavirus Response Act Aimed to Relieve COVID-19’s Impact on Employees

On Wednesday, March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (“the Act”), which provides paid sick leave and paid family medical leave expansion to workers in the United States affected by the novel coronavirus.

Read More
Print Friendly and PDF
Colorado Department of Labor and Employment Adopts Limited Emergency Leave with Pay in Light of Coronavirus Concerns

On March 11, 2020, the Colorado Department of Labor and Employment adopted the Colorado Health Emergency Leave with Pay ("Colorado HELP") rules, which temporarily require employers in certain industries to provide a small amount of paid sick leave to employees with flu-like symptoms while awaiting coronavirus (COVID-19) testing.

Read More
Print Friendly and PDF
The CDC Issues Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus (COVID-19)

The U.S. Center for Disease Control (“CDC”) has published an Interim Guidance for Businesses and Employers to plan and respond to the Coronavirus (COVID-19), outlining how employers can best prepare and respond to the outbreak.

Read More
Print Friendly and PDF
New Rule with Employer-Friendly "Joint-Employer" Definition Issued by NLRB

On February 26, 2020, the National Labor Relations Board (NLRB) issued its final rule on the standard for determining “joint-employer” status under the National Labor Relations Act (NLRA).

Read More
Print Friendly and PDF
Employers Must Begin Using New Form I-9 by May 1, 2020

On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) issued a new version of Form I-9, Employment Eligibility Verification (Form I-9), used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly…

Read More
Print Friendly and PDF
Colorado Takes One Step Towards Outlawing Discrimination Based on Hairstyle

On February 11, 2020, the Colorado House of Representatives passed a bill extending existing laws prohibiting discrimination based on race and ethnicity to explicitly cover hairstyles. The CROWN Act or “Create a Respectful and Open World for Natural Hair,” is modeled after laws already in effect in California, New York, and New Jersey…

Read More
Print Friendly and PDF
California Federal Court Grants Preliminary Injunction of State Law Banning Mandatory Arbitration of Employment Disputes

In an initial victory for California employers, a California federal court granted a preliminary injunction blocking enforcement of the recently passed California Assembly Bill 51 (“AB 51”), which banned mandatory arbitration of employment disputes.

Read More
Print Friendly and PDF
Colorado Enacts New Salary Threshold for Employees Exempt from Overtime

The Colorado Department of Labor and Employment (“CDLE”) adopted its final rules for the Colorado Overtime & Minimum Pay Standards Order #36 (“COMPS Order”), which covers overtime pay, exempt employee status, and meal and break times.

Read More
Print Friendly and PDF
Employers Across the Country May Soon Have to Provide Reasonable Accommodations to Pregnant Employees

Last week the U.S. House of Representatives Education and Labor Committee approved a bill that would require employers to provide accommodations for pregnant workers. The Pregnant Workers Fairness Act (the “Act”), would require employers to. . .

Read More
Print Friendly and PDF
Terminating an Employee for Marijuana Use May Become Prohibited under HB 20-1089 Print Friendly and PDF
Colorado Family and Medical Leave Task Force: Final Report Issued

As discussed in last week’s blog, the Family and Medical Leave Implementation (“FAMLI”) Task Force issued its final report, which can be accessed here.

Read More
Print Friendly and PDF
Colorado Family and Medical Leave Task Force to File Final Report Next Week

Next week, the Family and Medical Leave Implementation (“FAMLI”) Task Force will issue its final report, consistent with the May 30, 2019 Senate Bill 19-188, which required the implementation of a paid family and medical leave program in Colorado based upon the bill’s 16 factors (the Task Force actually considered and voted on 26 factors).

Read More
Print Friendly and PDF
Happy Holidays! Print Friendly and PDF
Employers May Bar Non-Business Use Company Email and Prohibit Discussions About Workplace Investigations

In two major decisions issued this week, the National Labor Relations Board (“NLRB”) approved (1) broad restrictions on non-business use of work email systems and (2) company rules prohibiting discussions about ongoing workplace investigations.

Read More
Print Friendly and PDF
Colorado Employers May Cap But Not Take Away Accrued Vacation Pay Under New Rule

The Colorado Department of Labor and Employment (CDLE) has finalized a new rule clarifying that companies may cap but not take away employees’ earned, unused vacation pay.

Read More
Print Friendly and PDF
Colorado Wage and Hour Update: Denver Minimum Wage Increased on Very Short Notice, with Major Changes in Colorado Wage and Hour Law Expected in 2020 Print Friendly and PDF
Happy Thanksgiving! Print Friendly and PDF
Annual Administrative Disposal of E-Verify Records Drawing Near Print Friendly and PDF
Colorado’s Minimum Wage to Increase in 2020, and Employers Should Brace for Patchwork of Differing City-Based Minimum Wages in the Future

Colorado employers should prepare for an increase in the state minimum wage from $11.10 to $12.00 per hour, and from $8.08 to $8.98 per hour for tipped employees, effective January 1, 2020. The 2020 increase is the final currently-planned wage increase under Amendment 70 of the Colorado Constitution. After 2020, the state minimum wage will be adjusted annually for cost of living increases.

Read More
Print Friendly and PDF