State Rulemaking Updates

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.

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.