The Colorado Division of Labor Standards and Statistics sent out a notification of rules that were adopted on November 10, 2020, to take effect January 1, 2021
The Adopted Rules page lists and hyperlink each adopted set of rules, a redlined copy of each, and the explanatory rulemaking filing accompanying each rule set (the statement of basis). They anticipate updating the following by December 1, 2020.
(1) The Division’s published labor law guidance, INFOs – Interpretive Notices and Formal Opinions, each a 2-4 page publication on a critical labor law topic of interest; and
(2) The 2021 versions of the Division’s two legally required workplace posters and notices that covered employers must post and distribute:
(A) the “Colorado Overtime and Minimum Pay Standards” (“COMPS”) poster and notice, covering wage and hour law – see COMPS Rule 7.4, Posting and Distribution Requirements, which is unchanged from the 2020 COMPS Order; and
(B) the “Colorado Workplace Public Health Rights Poster: Paid Leave, Whistleblowing, & Personal Protective Equipment” poster and notice, covering those subjects in laws that were enacted took effect in July 2020 – see Colorado WARNING Rule 4, Notice and Posting Rights and Responsibilities, which is unchanged from the temporary version of the WARNING Rules in effect since September 21, 2020.
Below is a list and brief description of the six sets of adopted rules.
- Equal Pay Transparency Rules, 7 CCR 1103-13. See the Employers Council article here.
- State Labor Relations Rules, 7 CCR 1103-12: a new set of rules implementing the Colorado Partnership for Quality Jobs and Services Act (the “Colorado WINS” bill), HB 1153.
- Colorado WARNING Rules (Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving), 7 CCR 1103-11: a new set of rules implementing both (A) the whistleblower and worker PPE rights law, the Public Health Emergency Whistleblower Act, HB 20-1415, and (B) the similar rights-protection provisions of the paid sick days law — since both laws have similar provisions on giving employees notices of rights, on interference with rights, and on retaliation prohibitions.
- Wage Protection Rules, 7 CCR 1103-7: an existing set of rules, amended with new sections implementing the paid sick days requirements of the Healthy Families and Workplaces Act, SB 20-205, since that law declares paid sick days to be “wages” within existing Colorado wage statutes and rules.
- COMPS (Colorado Overtime and Minimum Pay Standards) Order #37, 7 CCR 1103-1: an annual inflation-updating of the Colorado minimum wage, plus a limited set of other amendments responding to stakeholder feedback. Colorado minimum wage will be$12.32. The tipped minimum wage will be $9.30.
- Direct Investigation Rules, 7 CCR 1103-8: an existing set of rules, amended to conform to the new statutes and other recent developments.
As of this writing, AZ, NM, UT, and WY have not done any similar rulemaking this year. Employers Council will be publishing more information over the coming weeks. In the meantime, please call us with questions.
