Colorado Department of Labor and Employment Adopts Rules on the Notice Requirements in the HFWA and PHEW
By Kiki Council
The Colorado Department of Labor and Employment (the “Department”) recently adopted rules governing the notice requirements for two recently enacted public health laws.[1] Earlier this year, Governor Polis signed into law two public health laws, the Public Health Emergency Whistleblower Law (“PHEW”)[2], HB 20-1415, and the Healthy Families and Workplaces Act (“HFWA”)[3], SB 20-205. Both laws are intended, in part, to protect workers from retaliation by their employers for either raising safety and health concerns related to a public health emergency (PHEW), or for taking paid sick leave (HFWA).
Beginning on January 1, 2021, employers must display a poster informing all employees of their rights under PHEW and HFWA.[4] The poster must specify:[5]
For those covered by HFWA, (1) the amount of paid sick leave to which the employees are entitled, and (2) the terms of its use;
For those covered by PHEW, (1) the right to raise reasonable concerns about workplace violations of government health and safety rules, or otherwise significant workplace health and safety threats related to a public health emergency, and (2) the right to wear one’s own personal protective equipment, if it provides a higher level of protection than already-provided equipment and does not render the worker incapable of performing job duties;
For both, (1) that it is unlawful to retaliate for or interfere with PHEW or HFWA rights, and (2) that a complaint may be filed if retaliation, interference, or another denial of PHEW or HFWA rights occurs.
Employers may comply with the poster requirements for PHEW and HFWA by using the latest version of the “Colorado Workplace Public Health Rights Poster” provided by the Department online.[6] The poster must be displayed in a conspicuous location frequented by employees where it may be read easily during the workday, such as break rooms, employee bulletin boards, or adjacent to time clocks.[7] If the work site prevents a physical posting (due to remote work, entirely outdoor work, etc.), then the employer must provide a copy of the poster to each employee or worker within their first month of work.[8]
In addition to the poster requirement, a written HFWA notice must be provided to each employee, specifying (1) the amount of paid sick leave to which the employee is entitled, and (2) the terms of its use.[9] The employer may comply with the additional notice requirement by using the poster described above, or by including a similar written notice with other employment-related documents, such as a handbook, manual, or other written or posted policies (either in hardcopy, or electronically).[10]
Takeaway
Colorado employers must give their employees notice of workers’ rights regarding safety and health concerns related to COVID-19 and other public health emergencies, as well as workers’ rights to paid sick leave. Please contact the attorneys at Campbell Litigation to further discuss how to comply with all the requirements of PHEW and HWFA by January 1, 2021.
Footnotes:
[1] Colorado Department of Labor and Employment, Division of Labor and Statistics, Colorado WARNING Rules, available at https://cdle.colorado.gov/sites/cdle/files/7%20CCR%201103-11%20Colorado%20WARNING%20Rules%20ADOPTED%20%28Clean%29.pdf.
[2] Campbell Litigation - The Rocky Mountain Employer, Colorado Enacts the Public Health Emergency Whistleblower Act, July 23, 2020, https://www.rockymountainemployersblog.com/blog/2020/7/23/colorado-enacts-the-public-health-emergency-whistleblower-law.
[3] Campbell Litigation - The Rocky Mountain Employer, Colorado Passes Healthy Families and Workplaces Act ,https://www.rockymountainemployersblog.com/blog/2020/7/16/colorado-passes-healthy-families-and-workplaces-act-to-provide-workers-with-at-least-six-days-of-paid-sick-leave-per-year.
[4] 7 CCR 1103-11:4.
[5] 7 CCR 1103-11:4.1.1
[6] Available at: https://cdle.colorado.gov/sites/cdle/files/Poster%2C%20Paid%20Leave%20%26%20Whistleblower%20-%202021%20poster.pdf
[7] 7 CCR 1103-11:4.1.3
[8] 7 CCR 1103-11:4.1.4.
[9] 7 CCR 1103-11:4.2.1.
[10] 7 CCR 1103-11:4.2.2, 4.2.3.