The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance...more
8/8/2024
/ Artificial Intelligence ,
Biometric Information ,
Colorado ,
Consumer Privacy Rights ,
Disability Benefits ,
Fairness Standard ,
Governor Polis ,
Hairstyle Discrimination ,
Health Insurance ,
Job Applicants ,
Minors ,
Non-Compete Agreements ,
State Labor Laws ,
Workers’ Compensation
New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated...more
As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender....more
The big day is finally here! More than three years after voter approval of Colorado’s Family and Medical Leave Insurance program (FAMLI), the program goes live on January 1, 2024. For the past 12 months, employers...more
For the past year, businesses and attorneys alike have been impatiently awaiting the U.S. Supreme Court’s decision on whether a “tester” plaintiff – a person with a disability who examines compliance with the Americans with...more
The 2023 Colorado legislative session closed on May 8, 2023, and in what is now an annual tradition, the General Assembly devoted considerable time during its 120-day session to debating employment-related bills, some quite...more
The Colorado Division of Labor and Employment (CDLE) had a busy last few weeks of December in 2022, revising a number of its Interpretive Notice and Formal Opinions (INFOs). On December 23, 2022, CDLE issued a revised INFO...more
On November 1, 2022, the Family and Medical Leave Insurance Division (the Division) of the Colorado Department of Labor and Employment adopted final rules that employers must follow to offer private plans under Colorado’s...more
On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more
9/19/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Department of Justice (DOJ) ,
Disability Discrimination ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for...more
On March 18, 2022, the Department of Justice (“DOJ” or “Department”) published guidance on web accessibility and the Americans with Disabilities Act (“ADA”). The guidance addresses how state and local governments (covered by...more
Last week, Colorado’s General Assembly passed major revisions to Colorado’s statutory limitations on restrictive covenants, which include covenants limiting competition, the solicitation of customers, and the use and...more
While the term “caregiver” is not identified as a protected class under federal equal employment opportunity (EEO) laws, workplace decisions that adversely impact job applicants and employees who are also caregivers can still...more
For many healthcare employers, phase one and phase two COVID-19 vaccine deadlines are either here or quickly approaching. The Centers for Medicare and Medicaid (CMS), in an exercise of enforcement discretion, has begun...more
The Accreditation Council for Graduate Medical Education (ACGME), which accredits graduate medical residency and fellowship programs, will require programs to offer six weeks of paid leave for residents/fellows, beginning on...more
The Colorado Department of Labor approved the COMPS Rule 38, 2022 Publication And Yearly Calculation of Adjusted Labor Compensation (2022 PAY CALC) Order, 7 CCR 1103-14 and Wage Protection Rules, 7 CCR 1103-7...more
On Thursday, January 13th, in Joseph R. Biden et al., v. Missouri, et al., the United States Supreme Court released its decision lifting the injunctions imposed by two District Courts that had enjoined enforcement of the...more
Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of...more
12/21/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Joe Biden ,
Noncompliance ,
OSH Act ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, in State of Louisiana et al. v. Xavier Becerra, et al., the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) effectively revived the Centers for Medicare and Medicaid Services Interim Final...more
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri (Missouri court) issued a preliminary injunction enjoining the Centers for Medicare and Medicaid Services (CMS) from implementing and...more
Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more
11/23/2021
/ Adverse Action ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Florida ,
Governor DeSantis ,
Governor Lee ,
Healthcare Facilities ,
Masks ,
Opt-Outs ,
OSHA ,
Public Schools ,
Reemployment ,
Religious Exemption ,
Tennessee ,
Unemployment Benefits ,
Vaccinations ,
Virus Testing
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Joe Biden ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Religious Exemption ,
Vaccinations ,
Virus Testing
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Documentation ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Religious Accommodation ,
Title VII ,
Vaccinations
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Franchisors ,
Healthcare Facilities ,
Masks ,
OSHA ,
Paid Leave ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations ,
Virus Testing
The Colorado Department of Labor and Employment (CDLE) has proposed new rules to Colorado’s ever-changing laws on overtime, minimum wage, and vacation requirements. As with other changes to Colorado employment law in recent...more
11/3/2021
/ Agricultural Workers ,
CO Supreme Court ,
Colorado ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Paid Time Off (PTO) ,
Vacation Pay ,
Wage and Hour