Employment laws in the making

In addition to regulatory changes already in place for 2022, state legislators have introduced measures that will affect Colorado employers if they become law. Here’s a look at just some of those bills:  House Bill 22-1216 — restrictive employment agreements. As I discussed in my column in January, Colorado ranks among the most restrictive states […]

Beware breaking law with noncompete agreements

Among the lesser-known changes to Colorado law for 2022 is Colorado Senate Bill 21-271. Effective Jan. 1, SB 21-271 amended numerous statutes, including an 11-word amendment to Colorado’s noncompete law to make violations of the law a criminal offense, specifically a class 2 misdemeanor.   Class 2 misdemeanors in Colorado are punishable by three to […]

Labor to comply: Employers face changing laws

The Colorado Legislature and Colorado Department of Labor and Employment, specifically the department’s Division of Labor Standards and Statistics (DLSS), have acted aggressively to reshape rules applying to the employee-employer relationship over the past two years. The year ahead will be no exception. Let’s look briefly at some of the changes coming in 2022. The […]

Beware legal issues with background checks

Employers frequently use background reports compiled by third parties as part of the screening process for prospective employees. While the practice is common, there are legal issues of which employers must remain aware. Requirements apply to background checks compiled by third-party screening agencies as opposed to in-house reference checks or records, including criminal histories obtained […]

Board signals labor relations changes

Robert Frost observed in his 1914 poem “Mending Walls” that good fences make good neighbors. Well-written employee handbooks, policies and procedures similarly help employees understand their roles, rights and responsibilities while providing a framework for productive employer-employee relationships.   The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activities […]

Vaccine mandates leave employers uncertain

A patchwork of COVID-19 vaccination mandates and new government rules has left employers uncertain of their legal rights and responsibilities. They’re wondering how to make sense not only of what’s happened but also what the future could hold. Several rules could affect Grand Valley employers. On Aug. 30, the Colorado Board of Health adopted an […]

Reduce risks in remote work

The COVID-19 pandemic has brought many changes to the way organizations operate and employ their work forces. Some changes have heralded a new normal from which there’s no going back. Kate Lister, president of Global Workplace Analytics, estimates that by 2025, 70 percent of the work force will work remotely at least five days a […]

Colorado pay law evolving

In my column in a June issue of the Business Times, I reviewed the basics of Colorado’s new Equal Pay for Equal Work Act (EPEW).  EPEW is split into two parts. The first part prohibits employers from paying different wages on the basis of sex or sex plus another protected status to employees who perform […]

Use it or lose it? Court rules on vacation plans

The Colorado Supreme Court recently issued perhaps the most-awaited employment decision in years.  In Nieto v. Clark’s Market, the court ruled that “use it or lose it” vacation policies are illegal under the Colorado Wage Claim Act (CWCA), which requires employers to pay all wages due at the time of termination, including vacation pay “earned […]

Pay transparent law survives challenge

The Equal Pay for Equal Work Act (EPEW) went into effect in Colorado at the beginning of the year, prohibiting wage discrimination because of sex and creating new obligations for employers to promote pay transparency.   On May 27, EPEW survived its first legal challenge in a decision by Judge William Martinez in the federal […]