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.
On June 17, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to re-adopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA noticed on June 11, 2021 (revised ETS).
The revised ETS (which will make changes to California Labor Code Sections 3205 through 3205.4) are aligned with the latest guidance by the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH). The revised ETS are also aligned with Governor Newsom’s guidelines to reopen California as of June 15, 2021. Following Cal/OSHA’s vote, Governor Newsom signed an Executive Order on June 17, 2021, enabling the revised ETS to take effect without the normal 10-day review period by the Office of Administrative Law.
UPDATE: Cal/OSHA Withdraws June 3, 2021 revised ETS. In a special meeting held on the evening of June 9, 2021, the Cal/OSHA Board met to consider the latest guidance from the Centers for Disease Control and California Department of Public Health regarding masking. The Board voted unanimously to withdraw the revisions to Cal/OSHA’s revised ETS that they had voted to approve on June 3, 2021, and that were set to go into effect on June 15, 2021 (pending approval from the Office of Administrative Law). In a press release, Cal/OSHA stated that it will review the new mask guidance, bring any recommended revisions to the Board and that the Board could consider new revisions at a future meeting, perhaps as early as the regular meeting on June 17, 2021. In the meantime, the Cal/OSHA’s ETS adopted in November of 2020 will continue to remain in effect. Faegre Drinker will continue to monitor and provide insights with respect to Cal/OSHA’s revised ETS as well as other COVID-19-related topics. Insights will be updated on the firm’s COVID-19 Resource Center.
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.