Colorado General Assembly Wraps Up its 2024 Regular Session, with the Worker Freedom Act Poised to Become Law

Rob Thomas, Of Counsel

On May 8, 2024, the Colorado General Assembly concluded its 2024 Regular Session, approving 525 bills out of the 705 bills introduced, and with Governor Polis still needing to sign (or veto) approximately 330 bills.  On the labor and employment front, at least one bill previously covered by The Rocky Mountain Employer (HB 24-1260) is awaiting Governor Polis’s signature, with some important employer-friendly changes, while two others concerning workplace safety and mental health have effectively died in committee (HB24-1015 and HB24-1066).    

 HB24-1260 – Worker Freedom Act Ready for Signature.

The Worker Freedom Act is now in front of Governor Polis for signature with certain notable edits and changes to the final version since The Rocky Mountain Employer last discussed the bill.[1]  As previously discussed, the bill prohibits employers from disciplining or retaliating against employees for refusing to listen to or participate in employer-sponsored meetings concerning religious or “political” speech, with “political speech” including speech concerning labor organizations. 

While the initial version of the bill created a private right of action for employees to seek damages for employer violations of the Act, the final version requires employees to exhaust administrative remedies with the Colorado Department of Labor and Employment (“CDLE”) by filing a complaint with the CDLE before bringing a private cause of action in the district court.[2]  The final version of the bill also creates an affirmative defense for an employer facing a complaint or claim that it violated the Act.  The employer may avoid liability by proving that it conveyed in clear and conspicuous terms that the aggrieved employee had the option to leave the meeting where the violation allegedly took place.

Moreover, regarding exemptions, in addition to exempting mandatory meetings that are otherwise required by law, the final bill emphasizes that the bill does not prohibit mandatory attendance at meetings when listening to religious/political speech is necessary for the employees to perform their job duties.  Further, the bill is not intended to limit employers’ ability to require meetings which address issues related to unlawful discrimination or harassment.

All told, while the Worker Freedom Act (if signed) still hinders employers’ ability to campaign against potential unionization with mandatory informational meetings, the new exhaustion requirement may at least curb the proliferation of frivolous claims and lawsuits under the Act.  Further, employers who take affirmative steps to inform employees that they may leave meetings in which religious or political topics are discussed (and maintain records of such communications) also have a viable defense to any subsequent claims or complaints that they violated the Act. 

HB24-1015 and HB24-1066 – Stalled in Committees

Conversely, HB24-1015, which would have required the Division of Labor Standards and Statistics to create and make available to employers certain suicide prevention posters and notices has effectively died in committee after it was introduced on January 10, 2024.[3]  The bill would have required employers to disseminate posters and notices with suicide prevention training programs, suicide hotline information, and other similar information to employees no later than July 1, 2025, and would have required the Division to create and maintain a website specifically for the prevention of workplace suicides.

Similarly, the Violence Prevention in Health-care Settings Act and Violence Prevention in Behavioral Settings Act (HB24-1066) (the “Acts”), also introduced on January 10, 2024, failed in committee.[4]  These bills would have required covered healthcare and behavioral health facilities to set up workplace violence prevention committees which would have been responsible for crafting comprehensive workplace violence prevention plans in conformance with the Acts’ requirements and with oversight from applicable regulatory agencies.  The Acts would have also required healthcare and behavioral health providers to provide employees subjected to workplace violence with relief from duty with pay until their trauma-related symptoms were resolved, and to provide any medical or mental health treatment to staff involved in workplace violence. 

 Employer Considerations

Even with the amendments discussed above, the Worker Freedom Act reflects current pro-labor trends at both the state and federal level and, if signed, will further undercut employers’ efforts to inform employees as to why they believe unionization is not in their best interest.  While both HB24-1015 and HB24-1066 are no longer viable, it is nonetheless a safe assumption that they will be reintroduced in the next legislative session and, therefore, employers (especially in the healthcare and behavioral health industries) should continue to monitor proposed legislation in the coming months and years.  Campbell Litigation will continue to stay abreast of the General Assembly’s legislation and will continue to update The Rocky Mountain Employer with any new developments.

[1]https://www.rockymountainemployersblog.com/blog/2024/3/14/general-assembly-takes-aim-at-captive-audience-meetings-in-the-workplace-via-hb-24-1260.  

[2]See https://leg.colorado.gov/sites/default/files/documents/2024A/bills/2024a_1260_enr.pdf for the final version of the Worker Freedom Act.

[3] See https://www.rockymountainemployersblog.com/blog/2024/1/25/early-colorado-general-assembly-bills-emphasize-the-protection-of-employee-physical-and-mental-health-and-safety. 

[4]Id.