The 2024 Colorado legislative session ended on May 8. Bills that didn’t include a safety clause went into effect Aug. 7. Some of the new laws apply only to specific industries, but others affect every employer.

Here’s a look at some of the most significant new laws affecting Colorado employers.

State discrimination laws now include two new protected statuses – organ donations and hair length. HB24-1132, the Care for Living Organ Donors Act, prohibits employers from “intimidating, threatening, coercing, discriminating or retaliating against or taking an adverse action against employees” for the period extending 30 days before and 90 days after the employee is or becomes a living organ donor. Adverse actions include, but are not limited to, terminations, demotions, reassignments, pay decreases, denial of promotions or any diminishment in working conditions. This bill contained a safety clause and took effect June 3.

The 2020 Crown Act prohibits discrimination in employment, housing, advertising or public accommodations because of such traits associated with race as hair texture or type, or protective hairstyles such as braids, locs, cornrows or Afros. HB24-1451 adds hair length commonly or historically associated with race to the Crown Act. The Crown Act states specifically its purpose is to protect “persons of African, Jewish, Latinx or Native American descent.” But the statute gives no guidance on what’s a commonly or historically race-associated hairstyle. This begs the question of what hairstyle wouldn’t not be acceptable in the workplace. Employers should focus grooming policies on such factors as neatness, cleanliness and safety rather than any definition related to specific hairstyles or length.

Employers are rightfully concerned episodes of domestic abuse, assault, stalking or sexual abuse can spill into the workplace when directed toward an employee. HB24-1122 relaxes the standards by which an employer can petition for a protection order to protect employees. Most notably, the employer no longer needs to show the respondent presents an “imminent danger” to the petitioner or protected party. The petitioner need only show that “a risk or threat of physical harm or the threat of psychological or emotional harm exists … regardless of when an incident occurred….” Again, this bill passed with a safety clause and went into effect on June 3.

HB24-1129 provides protections for delivery network company (DNC) drivers. A DNC “sells the delivery of goods or services, including delivery provided as part of the sale of goods.” Of course, this includes businesses that deliver food and drink and rideshare companies. But this broad definition appears to include services such as delivery of appliances or office supplies bought from retailers or restaurant deliveries that are performed by the restaurant itself.

The bill provides broad protections for DNC drivers. These protections include stringent requirements for employers to provide detailed information on how delivery pay is calculated. Also, the bill prohibits the employer from decreasing a driver’s compensation because of the amount of a customer’s tip. The bill requires a DNC to pay the driver all tips paid by a customer. Because the bill doesn’t contain a safety clause, some parts went into effect Aug. 7. The provisions discussed here go into effect on Jan. 1.

Colorado Gov. Jared Polis vetoed two labor and employment bills. HB24-1008 would have made general contractors liable for wage claims by workers for salaries allegedly owed by a subcontractor. Polis said the bill would have let subcontractors off the hook by shifting the burden to general contractors who pay their own workers on time.

HB24-1260 would have made it unlawful for employers to subject or threaten to subject an employee to discipline, discharge or an adverse employment action because the employee refuses to attend or participate in employer-sponsored meetings concerning “religious or political matters.” Polis said the definition of “religious or political matters” was so broad as to be “unworkable.”

The Employers Council provides its members resources on employment law compliance. Consulting and enterprise members may discuss with employment attorneys and human resource professionals the effects of these new laws and other employment laws on their businesses.