In May 2021, Colorado’s General Assembly passed HB21-1188 (the “Ferrer Bill”) which specifically overturned the infamous (to plaintiff lawyers at least) 2017 Colorado Supreme Court case of Ferrer v. Okbamicael. Why is the Ferrer Bill important to employers and employees? Well, to put it in the simplest terms, before the Ferrer Bill, once an employer […]
Can an Employer Require its Employees to get the COVID-19 Vaccine?
View an article from the U.S. Equal Employment Opportunity Commission: EEOC Issues Updated COVID-19 Technical Assistance As citizens around the world receive COVID vaccinations, both workplaces and employees should be aware of the legal considerations for U.S. employers who require their employees to receive the vaccine as a condition of employment or of continued employment. […]
June 14, 2021 – Colorado Supreme Court Rules: An Employee’s Earned Vacation Is Compensation that cannot be Forfeited
In a June 14, 2021 ruling, Colorado’s Supreme Court examined whether, under Colorado law, “an employer must pay an employee’s earned but unused vacation pay upon separation from employment despite an agreement purporting to forfeit the employee’s right to such payment.” In this particular matter, Plaintiff Carmen Nieto was terminated from Clark’s Market, which had […]
Colorado’s “Public Health Emergency” Workplace Whistleblower Protections
On July 11, 2020, Governor Jared Polis signed Colorado House Bill 20-1415 into law, granting Colorado workers protections from discrimination or retaliation when they raise health and safety concerns related to a “public health emergency” (such as the current COVID-19 pandemic). Specifically, this new law prohibits “a principal”—which includes an “employer” as defined by the […]
With Passage of the CROWN Act of 2020, Colorado Prohibits Employment Discrimination on the Basis of Hair
On March 6, 2020, Governor Jared Polis signed the Creating a Respectful and Open World for Natural Hair Act of 2020 (CROWN Act) into law. When Colorado’s Governor signed the document, Colorado became just the fifth state in the nation to pass this civil rights legislation; Colorado joined California, New York, New Jersey, and Virginia […]
COVID-19 and Colorado Critical Businesses: Critical Employees Required to Wear Masks, and, If Possible, Gloves
On April 17, 2020, Governor Jared Polis issued Executive Order D 2020 39. Effective for 30 days “unless extended further,” this newest coronavirus emergency order delineates requirements for the wearing of face coverings and gloves by those employees who are deemed “critical” because they are working in an essential business or working to maintain critical […]
Gig Workers, Independent Contractors & Self-Employed Individuals: Unemployment Insurance Benefits, the Federal Cares Act and the U.S. Department Of Labor
The federal government’s Coronavirus Aid, Relief and Economic Security (CARES) Act includes several provisions related to unemployment insurance benefits. The U.S. Department of Labor (DoL) regularly posts press releases and other documents to assist individuals with sections of the CARES Act and its relief provisions – including the relevant information that is aimed at workers […]
Coronavirus and Colorado Businesses – Information for “Closed” and “Critical” Businesses and Employees
Employers and Employees concerned about their workplace under Colorado’s recent “Stay-at-Home” Executive and Public Health Orders should read through this Official Colorado State website: https://covid19.colorado.gov/stay-home-except-essential-needs. That webpage includes helpful information regarding Governor Jared Polis’ Orders, including a PDF from Colorado’s Department of Regulatory Agencies (DORA) titled “Guidance on Critical vs. Non-Critical Business Professions” as well […]
COVID-19: Employers and Employees
During the spread of this pandemic, we sit in the midst of a moving landscape for employers and employees – no one knows the full scope of what will occur in the coming days, weeks, and months, nor knows how the law will change to meet the rising workplace challenges presented by COVID-19. As a […]
