The Colorado Department of Labor and Employment (CDLE) has proposed revised language for the wage and hour rules that, if adopted, will become effective as early as January 1, 2022. Specifically, the Colorado Overtime and Minimum Pay Standards (COMPS) Order and Wage Protection Rules would become effective January 1, 2022 if adopted. The revisions to the Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving (WARNING) Rules are anticipated to be become effective in early 2022 but a definitive effective date has not been determined. The proposed changes include revisions to the COMPS Order, Wage Protection Rules and WARNING Rules as well as the addition of new rules such as the 2022 Publication and Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order and the Agricultural Labor Conditions Rules (effective May 1, 2022 if adopted). Below is a summary of notable proposed revisions to the existing rules.
Author: Erik Mosvick
Colorado Court Rejects Challenge to Colorado Equal Pay for Equal Work Act
Following the passage of Colorado’s Equal Pay for Equal Work Act (CEPEWA), employers were faced with a stricter disclosure regime, including new provisions aimed at redressing gender-based pay inequity. At the close of 2020, the Rocky Mountain Association of Recruiters (Rocky Mountain) brought a lawsuit challenging those provisions and framing the CEPEWA as an undue burden. On May 27, 2021, the U.S. District Court for the District of Colorado weighed in, with Judge William Martínez rejecting Rocky Mountain’s request for a preliminary injunction that would have prohibited enforcement of the CEPEWA.
Continue reading “Colorado Court Rejects Challenge to Colorado Equal Pay for Equal Work Act”
Summary of New California COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into effect on March 29, 2021, (i.e., 10 days after being signed by Gov. Newsom) and adds sections 248.2 and 248.3 to the California Labor Code.
D.C. Signs Broad Ban on Noncompetes and Anti-Moonlighting Policies
With the issuance of the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 (the Act), the District joins the growing list of jurisdictions subjecting noncompetes to intense scrutiny. D.C.’s Act goes much further though, and once in effect will be one of the broadest limitations on such agreements in the country. While the Act’s precise effective date remains unclear, employers should begin reviewing their existing policies and form agreements now to ensure compliance with the sweeping prohibitions.
For the full alert, visit the Faegre Drinker website.
Practical Tips for Complying With New Cal/OSHA Emergency COVID-19 Standards Increasing Employer Obligations
Exclusion from work, paid time off and rigorous testing requirements. These issues and more came to a head for California employers on November 30, 2020, after the California Office of Administrative Law adopted the California Department of Industrial Relations’ Division of Occupational Safety and Health’s (Cal/OSHA) emergency temporary standards. While many California employers have already implemented COVID-19 plans fulfilling previous requirements for reopening under state and local government orders, the new Cal/OSHA standards vary significantly from what businesses have likely executed to date. We examine the highlights as well as which internal policies and processes affected employers should revisit.