Six New Sets of Labor & Employment Regulations to Take Effect January 1, 2021

This past year, Colorado employers have faced many unprecedented and complex challenges. With new labor and employment statutes and regulations set to take effect next year, employers will confront even more challenges in 2021. While some new statutes and regulations address similar topics, each imposes discrete mandates on covered employers.

While the advisories below provide basic guidance, employers should pay careful attention to the language of the acts and the implementation of regulations. Please contact a member of our Labor & Employment Group to better understand your obligations.

The Colorado Department of Labor and Employment Division of Labor Standards and Statistics (the Division) recently adopted six new sets of rules to become effective January 1, 2021:

STATE LABOR RELATIONS RULES: Passed to facilitate labor-management partnership agreements between employees in the state personnel system and the executive branch of state government.
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COLORADO OVERTIME AND MINIMUM PAY STANDARDS ORDER #37: Governs minimum wage, overtime, rest and meal breaks, and other aspects of Colorado wage and hour law. COMPS #37 also incorporates some regulations pursuant to the Healthy Families and Workplaces Act (HFWA), which establishes a paid sick leave benefit for most employees in Colorado.
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WAGE PROTECTION RULES: Implements parts of the Colorado Wage Act as amended by the Wage Protection Act and the Healthy Families and Workplaces Act.
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EQUAL PAY TRANSPARENCY RULES: Implements Part 2 of the Equal Pay for Equal Work Act.
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COLORADO “WARNING” RULES (The Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice- Giving Rules): Details the Division’s authority to enforce certain provisions of the Public Health Emergency Whistleblower Act, the Healthy Families and Workplaces Act, the Equal Pay for Equal Work Act, the Chance to Compete Act, the COMPS Order, the Colorado Wage Act, and other important state labor and employment statutes and regulation. Emergency rules were adopted on September 21, 2020, and there are few changes to the new rules to take effect on January 1, 2021.
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DIRECT INVESTIGATION RULES: Details the Division’s authority to investigate potential violations of various labor standards. The Division’s authority includes enforcement of the Healthy Families and Workplaces Act, the Equal Pay for Equal Work Act, the Public Health Emergency Whistleblowing Act, the Chance to Compete Act, and other state labor and employment laws. Emergency rules were adopted on September 21, 2020, and there are few changes to the new rules to take effect on January 1, 2021.
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