The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part II, we explore the Colorado Privacy Act.
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Privacy Protection Patchwork, Part II: How the Colorado Privacy Act Could Impact Your Business Posted on: June 13, 2022 In: Data Privacy & Cybersecurity
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Important Updates on Colorado’s Equal Pay Transparency Rules Posted on: August 10, 2021 In: Labor & Employment
Colorado’s Equal Pay for Equal Work (EPEW) Act went into effect on January 1, 2021, prohibiting any employer from discriminating between employees on the basis of sex by paying an employee of one sex less than the rate paid to an employee of a different sex for substantially similar work. The Colorado Department of Labor and Employment (CDLE) recently adopted Equal Pay Transparency Rules, clarifying the internal and external job posting requirements of the EPEW Act for Colorado employers.
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Colorado Enacts New Preferential Hiring Law for Veterans Posted on: July 30, 2021 In: Labor & Employment
On June 23, 2021, Colorado Governor Jared Polis signed a Veterans’ Hiring Preference law that will allow employers to show preference to veterans in hiring decisions in the Centennial State. Under the new law, C.R.S. § 8-1-153, private employers may enact a Veterans’ Preference Hiring Policy in which they prefer eligible veterans and eligible spouses of veterans over other applicants as long as the veteran or spouse is as qualified as other applicants.
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Colorado Supreme Court Holds Employees Cannot Forfeit Vacation Pay Offered By Employer Posted on: July 23, 2021 In: Labor & Employment
In the last year, Colorado has, not surprisingly, experienced a dramatic increase in employment-related laws, rules, and regulations. Most recently, in June 2021, the Colorado Supreme Court issued a long-awaited ruling in the Nieto v. Clark’s Market matter, which concerns the forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA). The court held that employers cannot implement policies that require employees to forfeit vacation pay that’s already been earned, even if they contract otherwise.
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Growing Nationwide Emphasis on Pay Transparency: What Employers Need to Know Posted on: July 20, 2021 In: Labor & Employment
Now, more than ever, employers are faced with a nationwide outcry for greater transparency around pay equity and pay transparency, both from employees and potential customers. The Biden Administration certainly echoes these sentiments, and has expressed a desire to pass new pay equity and transparency laws on the federal level. However, numerous states and local governments are not inclined to wait for the federal government to act and have instead begun to pass their own pay equity and transparency laws.
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Legislative Alert: Colorado Privacy Act Passes State Senate, Signed Into Law By Governor Posted on: June 10, 2021 In: Data Privacy & Cybersecurity
On June 8, 2021, the Colorado Senate passed the Colorado Privacy Act (CPA). It was then signed into law by Colorado Governor Jared Polis on July 7, 2021, and will go into effect on July 1, 2023. The CPA follows in the tradition of the California Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Protection Act (CDPA) by creating consumer rights and imposing requirements on businesses to guarantee greater protections over consumers’ personal data.
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Dear Employers, Read This to Avoid a Hairy Situation: Hairstyles Protected Under Colorado Anti-Discrimination Laws Posted on: March 23, 2021 In: Labor & Employment
Employers in the Centennial State should take note that Colorado has joined a growing list of states in enacting the “Creating a Respectful and Open World for Natural Hair Act of 2020,” also known as the “CROWN Act of 2020.” Under Colorado’s CROWN Act, employers may be held liable for racial discrimination based on an employee’s hair texture, hair type, or a protective hairstyle commonly or historically associated with race.
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Colorado’s Healthy Families and Workplaces Act: What Employers Need to Know Posted on: March 17, 2021 In: COVID-19 Response
Though the COVID-19 vaccine lurks on the horizon for the general public, the pandemic slogs on for most of the general population. As of January 1, 2021, the second of three phases of Colorado’s Healthy Families and Workplaces Act is underway, which requires employers with 16+ employees to provide paid sick leave based on hours worked. Exempt employees also receive paid sick leave depending on normal work week hours. Phase three, beginning January 1, 2022, will expand coverage to employers of any size.
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Paid Family Leave Is Coming to Colorado - It May Not Be Long Before It Comes to Your State Posted on: March 09, 2021 In: Labor & Employment
On November 3, 2020, Colorado passed the Paid Family and Medical Leave Insurance Act. The Act will bring about a series of changes that will roll out year to year. The first occurs on January 1, 2023, when each employer must remit a payroll tax to the fund to provide for the benefits. Benefits will become available to employees beginning January 1, 2024. The Act provides Colorado employees with some coverage not seen in the similar federal program known as the Family Medical Leave Act.
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Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing Posted on: March 12, 2020 In: COVID-19 Response
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19.
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Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021 Posted on: June 18, 2019 In: Labor & Employment
On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021.
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In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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