Colorado Employment Law Changes

Beginning Jan. 1, 2021, all Colorado employers with more than 16 employees were legally required to begin complying with the Healthy Families and Workplaces Act (HFWA). If you haven’t already notified your employees that they are entitled to paid sick leave, it is critical to do so right away.

  • The notice must include the amount of leave, the terms of its use, the fact that retaliation is prohibited; the fact that an employee has the right to file a complaint or bring a civil action if paid sick leave is denied or if the employee is subjected to retaliation. The notice must be in English and any language that is the first language spoken by at least five percent of the workforce.

  • There must also be a poster displayed in a “conspicuous and accessible location” containing all the same information. If employees are remote, the notice must be provided through electronic communication or conspicuously on a web platform.

For detailed information about how HWFA differs in 2021 vs. 2020 and from other laws, click here. Note that compliance with HFWA expands to all Colorado employers, regardless of size, on Jan. 1, 2022.

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In addition, the Equal Pay for Equal Work Act also took effect on Jan. 1, 2021 and applies to all public or private employers that employ at least one person in Colorado. The Act provides that an employer “shall not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status” by “paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work.

This Act and the accompanying Equal Pay Transparency Rules make it much easier for an employee to show wage discrimination. Employers are running out of time to conduct the Act’s required pay audit and receive some safe harbor protections. Click here to review detailed compliance requirements.

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Click here for additional information about what Colorado employers need to know about both of these new Acts and key next steps. Contact an employment attorney at Fortis Law Partners with any questions or for help ensuring your business is compliant with these wide-ranging new requirements.

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