Many New Rules Set for Publication in Colorado

On September 30, 2020, Colorado’s Division of Labor and Employment (CDLE) filed the six sets of proposed rules listed below. The first three are amendments to existing rules, and the last three are new sets of rules for new statutes.

  • Colorado Overtime and Minimum Pay Standards (“COMPS”) Order #37, 7 CCR 1103-1: These amended rules are proposed to execute the annual inflation adjustment to minimum wages; to conform rules . . . [for] . . . certain basic definitions (e.g., “wages,” “employee,” and “employer”) in the Healthy Families and Workplaces Act of 2020; to add a new sub-category to the professional exemption for creative employees, and to add other clarifying amendments to these rules.
  • Wage Protection Rules, 7 CCR 1103-7: These amended rules are proposed to implement and enforce the Healthy Families and Workplaces Act, C.R.S. § 8-13.3-401 et seq., defining statutory paid sick leave as wages under C.R.S. § 8-4-101(14)(a)(I) to be investigated, implemented, and enforced by the Division; and to add other clarifying amendments to these rules.
  • Direct Investigation Rules, 7 CCR 1103-8: These amended rules are proposed to conform to the broader scope of labor standards law that now provides a basis for Division investigations, determinations, and orders, and to respond to other recent developments; and to add other clarifying amendments to these rules.
  • Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving (“Colorado WARNING”) Rules, 7 CCR 1103-11: These new rules are proposed to implement and enforce multiple recent additions and changes to labor standards law in C.R.S. Title 8 (including but not limited to the Public Health Emergency Whistleblower Act, C.R.S. § 8-14.4-101 et seq., the Healthy Families and Workplaces Act, C.R.S. § 8-13.3-401 et seq., the Equal Pay for Equal Work Act, C.R.S. §§ 8-5-101 et seq., and the Chance to Compete Act, C.R.S. § 8-2-130), as to anti-retaliation and non-interference with protected activity (including but not limited to public health concerns and use of personal protective equipment), and as to requirements for workplace postings, job announcements, and other notices to employees.
  • State Labor Relations Rules, 7 CCR 1103-12: These new rules are proposed to implement and enforce the Colorado Partnership for Quality Jobs and Services Act, C.R.S. § 24-50-1101 et seq., governing certain labor-management relations in state employment.
  • Equal Pay Transparency Rules, 7 CCR 1103-13: These new rules are proposed to implement and enforce Part 2 of the Equal Pay for Equal Work Act, C.R.S. §§ 8-5-201 to -203, as to transparency in job postings and opportunities for promotion or advancement, and related record-keeping duties.

Certain temporary and emergency rules were adopted with respect to the investigation and whistleblower rules mentioned above through the end of 2020.

To implement these rules, the CDLE will hold a public hearing on November 2, 2020. The notice and comment period will extend through November 5, and the Division anticipated adoption of the rules will be between November 6 and 10. The anticipated effective dates of the rules will be January 1, 2021. For links to all rule filings, calendar of rulemaking events and deadlines, and information on how to participate in the public comment or hearing process, employers may visit the rulemaking webpage.

If you want to receive emails from CDLE on rulemaking activities, email Michael Primo, Director of Operations, Division of Labor Standards and Statistics, at michael.primo@state.co.us. We will keep abreast of the rulemaking decisions and continue to report on rules that impact our members.