Colorado Employer's Law Blog

Colorado Employer's Law Blog

An Employer's Guide Through the Twists and Turns of Employment Law and Litigation, Including Collective and Class Actions.

Category Archives: Human Resources

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Colorado Supreme Court Provides Clarity On Independent Contractors

Posted in Colorado Employment Security Act, Human Resources, Independent Contractor, Misclassification, Unemployment Insurance
freelanceOn Tuesday, May 13, 2014, the Colorado Supreme Court issued two decisions that provide a glimmer of hope for businesses waging the war with state government agencies over the classification of workers as independent contractors. The cases are: Industrial Claim Appeals Office v. Softrock Geological Services, Inc. et al. (involving the classification of 1 geologist) Western … Continue Reading

Colorado Discrimination Claims Soon To Be More Treacherous For Employers

Posted in Disability, Discrimination, Human Resources, Retaliation
Five years in the making (previously introduced without success in 2009, 2010, 2011, and 2012), the Job Protection and Civil Rights Enforcement Act of 2013 (HB 13-1136) (PDF) was introduced again this year in the House on January 18, 2013, and took less than five months to pass through both branches of the Colorado legislature and … Continue Reading

Colorado is the Ninth State To Restrict Use of Credit History in Employment Decisions

Posted in Background Checks, Human Resources
On April 19, 2013, Governor John Hickenlooper signed into law SB 13-018, otherwise known as “the Employment Opportunity Act.” The Employment Opportunity Act prohibits employers from obtaining and using consumer credit information for employment purposes unless the credit information is “substantially related” to the position.  Currently, there are only 8 other states where employment protections … Continue Reading

The Aye’s Have It – Colorado’s Civil Union Act Signed Into Law & Employment Opportunity Act Passed in Both Senate and House

Posted in Background Checks, Discrimination, Human Resources
While many Coloradoans are taking advantage of their last few ski days of the season, the Colorado legislature has been busy passing new, groundbreaking legislation with respect to civil unions and the use of individual credit histories in employment decisions. How will this new legislation affect employers? Read on. Colorado Civil Union Act On March … Continue Reading

Colorado’s Employment Opportunity Act Resurfaces And Picks Up Steam

Posted in Background Checks, Human Resources, Restrictive Covenants
Percolating since last year, Colorado’s Employment Opportunity Act has resurfaced in early 2013 and may be on the road to passage.  Known as SB13-018, or Senate Bill 18, the Employment Opportunity Act recently passed its third reading in the Senate on February 12, 2013 (final vote, 20 in favor: 15 opposed) and now is before … Continue Reading

New Year, New Minimum Wage Increase

Posted in Background Checks, Colorado Wage Act, Fair Labor Standards Act, Human Resources
As of January 1, 2013, Colorado’s minimum wage increased from $7.64 per hour to $7.78 per hour, with tipped employee’s minimum wage increasing from $4.62 per hour to $4.76 per hour. The Colorado Division of Labor adopted Colorado Minimum Wage Order Number 29 (PDF) to reflect the new state minimum wage.  The Minimum Wage Order … Continue Reading

Colorado Department of Labor Identifies Unemployment Fraudsters

Posted in Human Resources, Unemployment Insurance
The Colorado Department of Labor and Employment is listing the names of individuals prosecuted for unemployment insurance fraud on its website in an attempt to help minimize unemployment fraud and abuse.  According to the CDOL website, there were 18 prosecutions in the 1st quarter of 2012, resulting in judgments to recover $223,667.80 in fraudulently paid benefits.  … Continue Reading

Colorado’s Minimum Wage Increases 3.8%, to $7.64 Per Hour

Posted in Colorado Wage Act, Fair Labor Standards Act, Human Resources
Effective January 1, 2012, Colorado’s minimum wage increased by $0.28, from $7.36 per hour to $7.64 per hour (for tipped employees, from $4.34 to $4.62).  This is $0.39 more than the federal minimum wage of $7.25 per hour.   The new minimum wage requirement is set forth in Colorado Minimum Wage Order 28 (PDF) now in effect. … Continue Reading

Proposed Denver Paid Sick and Safe Time Ordinance: Nothing To Sneeze At

Posted in Human Resources
Promoting public health? Sounds good. Making sure working adults stay at home when they are sick? I’m on board. Flexible and supportive working environment? Of course, who doesn’t want that. Voters in San Francisco, Washington D.C., Milwaukee, and Connecticut were motivated by these ideals when passing paid sick leave ordinances or bills in their cities or state … Continue Reading

Colorado Employer’s Law Blog Nominated!

Posted in Human Resources
I am pleased to announce that Colorado Employer’s Law Blog has been nominated as a candidate for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011!  To support Colorado Employer’s Law Blog’s nomination, please vote by commenting on the announcement post on LexisNexis’ Labor and Employment Law Community Page.  Each comment is counted as … Continue Reading

It’s a Snow Day! Dealing with Inclement Weather and the Proper Payment of Wages

Posted in Colorado Wage Act, Fair Labor Standards Act, Human Resources
I have received quite a few requests for inclement weather policies of late, and since the topic of “snow days” frequently arises this time of year, I wanted to provide some (hopefully) useful information for employers.  The question of whether an employer is obligated to pay employees for “snow days” depends largely on two questions: Is the … Continue Reading

Word On the Street: Final ADAAA Regs Approved By EEOC

Posted in Disability, Discrimination, Human Resources
HR.BLR.com reported today that the Equal Employment Opportunity Commission (EEOC) has privately approved its final draft regulations under the ADA Amendments Act (ADAAA).  So, where does that leave us?  First, the Office of Management and Budget (OMB), a federal agency that must clear rules and regulations before they are published, will have 90 days to review the final regulations.  … Continue Reading

Chief People Officers: Worth Their Weight in Gold?

Posted in Human Resources
On September 17, 2010, jetBlue named Joanna Geraghty as its first Chief People Officer (CPO).  There is some speculation that the timing of the Steven Slater incident may have helped fuel this decision.  But still, jetBlue has taken the leap and appears to be at the forefront of companies appointing CPOs, which are anything but the norm.   Today, human resource professionals … Continue Reading