Colorado Department of Labor and Employment Proposes New Language for Wage and Hour Rules

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.

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New Guidance on the Colorado Equal Pay for Equal Work Act

The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics recently issued revised guidance on the Colorado Equal Pay for Equal Work Act (CEPEWA) and the accompanying Equal Pay Transparency (EPT) Rules. The updated guidance, revised Interpretive Notice & Formal Opinion (INFO) #9 (Revised INFO #9), includes revisions and information regarding notice and posting requirements for out-of-state jobs, disclosure obligations as to “Help Wanted” signs, and noncompliant use of open-ended salary ranges and phrases in job postings.

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Colorado Adopts New Paid Sick Leave Requirements for Employers

Colorado Governor Jared Polis recently signed the Healthy Families and Workplaces Act, which will soon require Colorado employers to provide workers with up to six paid sick days per year. In addition, the new law immediately broadens the Families First Coronavirus Response Act, requiring Colorado employers to provide two weeks of paid sick leave to employees affected by COVID-19, regardless of the number of employees they have.

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