The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Colorado Passes Two New Programs Providing Loans and Grants to Small Businesses Recovering from the Impacts of the COVID-19 Pandemic

This week, Colorado Governor Jared Polis signed two bills into law providing financial relief to Colorado small businesses. House Bill 20-1413 establishes a $250 million small business loan program for Colorado’s small businesses over the next two years

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U.S. Supreme Court: Title VII Bans Discrimination Based on Sexual Orientation and Gender Identity

Following in the footsteps of several states, including Colorado, that have protections for employees from workplace discrimination based on sexual orientation and gender identity, the U.S. Supreme Court ruled this week that federal law Title VII of the Civil Rights Act of 1964 (“Title VII”) protects LGBTQ employees from employer discrimination.

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Colorado Rejects Codifying a Joint Employer Definition

On May 25, 2020, the Colorado Department of Labor and Employment (“CDLE”) issued the final Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36.

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New Colorado Bill Proposes Presumptive Workers’ Compensation Coverage For Essential Workers Who Contract Novel Coronavirus

Colorado Senate Bill 216 proposes the creation of a rebuttable presumption for purposes of qualifying for workers’ compensation benefit coverage for essential workers who are diagnosed with COVID-19.

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U.S. House of Representatives Passes Bill Changing Key Elements of the Paycheck Protection Program

On Thursday, the U.S House of Representatives passed a bill giving business owners more flexibility in how they use loans received through the CARES Act’s Paycheck Protection Program (“PPP”).

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The Department of Labor’s Revised Rules Allow More Employers To Assert Overtime Exemptions

On May 19, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a final rule that withdrew the “partial list of establishments” it previously viewed as having “no retail concept,” which disqualified the employees of certain commissioned retail and service establishment from the Fair Labor Standard Act’s (“FLSA”) overtime exemption.

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CDC’s Updated Guidance for Businesses and Employers Seeking to Resume Normal or Phased Business Operations

The U.S. Center for Disease Control (“CDC”) updated its guidance for businesses and employers to plan, prepare and respond to Coronavirus Disease 2019 (“COVID-19”), which supplements its earlier guidance published in March 2020.

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COVID-19 and Reasonable Accommodations – EEOC Provides Updated Guidance

As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.

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Guidance on Safely Returning Employees to Work

As states around the country, including Colorado, relax their sheltering in place orders, non-critical businesses are beginning to reopen. To ensure that COVID-19 does not further spread, the Equal Employment Opportunity Commission (“EEOC”) and the Colorado Department of Health & Environment have issued new guidance and regulations so that they can safely operate

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Congress Set to Pass CARES Act Amendment Increasing Paycheck Protection Program Funding; Small Business Administration Issues New Guidance Regarding Program

Congress is set to pass the Paycheck Protection Program and Health Care Enhancement Act, amending the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), to make additional funds available for the Paycheck Protection Program (“PPP”).

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The U.S. Department of Labor Clarifies COVID-19 Reporting Requirement for Employers

On April 10, 2020, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) issued interim guidance clarifying OSHA’s recordkeeping requirement as it relates to recording cases of COVID-19.

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CARES Act and the Paycheck Protection Program

On April 3, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which is the government’s third round of financial support in response to the COVID-19 pandemic. One of the primary provisions of the CARES Act is the allocation of $350 billion dollars for the Paycheck Protection Program (“PPP”).

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The U.S. Department of Labor Issues New Regulations Implementing the Family First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division published its temporary rule issuing regulations to implement and clarify protections provided by the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which are both part of the recently passed Families First Coronavirus Response Act (“FFCRA”) in response to the coronavirus disease 2019 (“COVID-19”).

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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”).

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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.

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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.

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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.

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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).

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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…

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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…

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