The Colorado Department of Labor and Employment (CDLE) issues guidance in the form of Interpretive Notice and Formal Opinions (INFOs) to inform employers and employees about its interpretation of Colorado’s labor and employment laws under its authority. On February 15, 2024, the CDLE issued three new INFOs providing comprehensive insights into employee rights regarding protection from retaliation or interference when engaging in protected activity under the laws it administers.
Below are summaries of the three new INFOs, along with links to each publication:
What Is Considered “Protected Activity” Under Colorado Employment Laws? (INFO #5A)
In addition to the definitions under federal and state labor and civil rights laws, employers are prohibited from taking adverse actions (e.g., suspension, demotion, termination, creating a threatening or hostile work environment, or altering pay or hours) against employees engaging in protected activity around whistleblowing, wage payment violations, and wage disparities. In Colorado, employee protected activity includes, but is not limited to, the following:
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Claiming wage rights: minimum wage, overtime pay, rest/meal breaks, pay earned for time worked, etc.
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Using paid or unpaid leave for health or safety needs or requesting disability accommodations
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Raising concerns about workplace health and safety practices or using personal protective equipment
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Claiming agricultural work safety rights, such as heat protection (water, shade, etc.) or access to services
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Discussing or refusing to disclose pay rates from current or past jobs
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Concerted activity, such as union activity or other types of advocacy, for pay or work conditions
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Complaining of or opposing violations of these rights
What Notice Do Employers Have to Give Employees About Their Rights? (INFO #5B)
Employers must ensure that workers receive clear and effective notices of their rights, through a combination of posters and individual notices. These notices must be provided in Spanish or in other languages spoken by a significant portion of the employer’s workforce.
Employers are further prohibited from implementing policies or requiring agreements waiving certain rights, including those that:
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Waive or deny wage or paid leave rights an employee is entitled to
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Limit disclosure of information about workplace health, safety, or pay rates
What Liability May an Employer Be Subject to from the CDLE or Courts? (INFO #5C)
Depending on the specific law, certain claims in Colorado require claimants to exhaust their administrative remedies, including filing their claim with the CDLE before pursuing litigation in court.
Employers found in violation of retaliating against an employee or interfering with their right to engage in protected activity may subject them to various penalties, including the following:
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Fines, which can be significant in amount, and can be daily if violations continue
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Damages awards, which can compensate lesser pay for a period after an illegal firing, non-hiring, etc., and in some cases can include emotional distress or punitive damages
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Attorney fees and other expenses of a complainant who proves a violation
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Orders to remedy illegal acts — reinstate illegally fired employees, change illegal practices, etc.
The issuance of these INFOs serves as valuable guidance for employers navigating the intricacies of labor and employment regulations in the state. For inquiries regarding employer responsibilities under Colorado law, please email the Employers Council Member Experience Team.