The Rocky Mountain Employer

“On March 15, 2023, the Colorado Department of Labor and Employment (CDLE) Division of Labor Standards and Statistics (DLSS) filed proposed rules for public comment concerning collective bargaining rights of certain public-sector employees.”

“With the upcoming close of the first quarter of 2023, now is a good time to check on the status of some of the most significant labor and employment law changes introduced by the General Assembly this year.“

“Regulations governing Colorado’s new Paid Family and Medical Leave program (“FAMLI”) permit employers to utilize self-insured plans in lieu of participating in the state-run program if the employers meet several requirements and criteria, and obtain approval from the state.”

“On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”), via its decision in McLaren Macomb, reversed recent precedent governing the validity of confidentiality and non-disparagement clauses in severance agreements…”

“On Thursday, February 9, 2023, the U.S. Department of Labor (DOL) issued guidance that provides employers with a look at how the agents who enforce the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) will apply these laws to teleworking arrangements.”

“The United States Supreme Court will consider the continued validity of the current, prevailing application of the “undue hardship” standard with respect to religious accommodation requests under Title VII when it hears oral argument in Groff v. DeJoy, No. 22-174, on April 18, 2023.”

“The Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking on January 5, 2023, that would ban a majority of non-compete clauses in the employment context.”

“Colorado’s Paid Family and Medical Leave Act (“FAMLI”)[1] has only been in effect for a month, but the General Assembly is already proposing changes to both the amount of benefits that an employee may receive, as well as when employees may begin to apply for and receive benefits, via two new bills: SB 23-046 and HB 23-1104.“

“A bill (House Bill 23-1118) regulating employee scheduling will be introduced this session which, if passed, will make Colorado one of two states—the other being Oregon—requiring large, covered employers to provide covered employees with advanced scheduling and planning for employee hours and shifts, plus extra pay for abrupt changes to hours and shifts.”

“On Monday, January 9, 2023, the Denver City Council unanimously passed Resolution 22-1614, which strengthens the ability of workers in Denver seeking redress for unpaid wages.”

“The start of a new legislative session in Colorado is bringing new bills that may expand the reasons an employee may take accrued and unused sick leave under the Healthy Families and Workplaces Act.”

“Colorado Department of Labor and Employment issued an update on newly published employment rules and pertinent guidance, many topics that our firm’s blogs have been following.”

“Starting January 1, 2023, certain modifications to Colorado’s wage protection rules (7 C.C.R. 1103-7 et seq.) concerning the Healthy Family and Workplaces Act (“HFWA”), attorney fee awards, and the issuance of liens and levies upon non-compliant employers in wage disputes will go into effect.”

“Beginning in 2023, Colorado will be rolling out its new SecureSavings program – created by the State Treasurer to provide an option for employees to save for retirement when their employers do not offer a retirement plan as an employment benefit.”

“On December 7, 2022, President Joe Biden signed the Speak Out Act into law, prohibiting the judicial enforcement of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual harassment claims.”

“Beginning January 1, 2023, employers may begin collecting their employees’ share of the Family and Medical Insurance Leave Act (“FAMLI”) premiums through payroll deductions.”

“On December 5, 2022, the United States Supreme Court will hear oral arguments in 303 Creative LLC v. Elenis,[1] to determine, among other things, whether the Colorado Anti-Discrimination Act (“CADA”) [2] prohibits a business from publishing statements based upon religious grounds that the company will not serve the LGBTQ community.”

“The Colorado Division of Family and Medical Leave Insurance (“Division”) has finalized its rules governing employers’ use of private plans.”

“A key element of any prima facie race discrimination claim based on disparate treatment under Title VII of the Civil Rights Act of 1964 (“Title VII”) is evidence that one or more “similarly situated” employees outside of the plaintiff’s protected class were treated more favorably than the plaintiff.”