Monthly Archives: July 2020

July 22, 2020

Communicating with Employees About a Positive COVID-19 Case in the Workplace

By Brit Merrill, Holland & Hart LLP

Brit Merrill

As the number of COVID-19 cases in the United States continues to rise, one question facing employers is when and what information to communicate to employees about a confirmed case of COVID-19 in the workplace.

When should we tell employees if someone has a confirmed case?

Start communicating as soon as you learn there is a confirmed case. Start with those who were in close contact with the affected employee, defined by the CDC as individuals who were within 6-feet of someone who has COVID-19 for at least 15 minutes during the past 14 days. Read more >>

July 14, 2020

Governor Polis Signs New Paid Sick Leave Law for All Colorado Employees

By Steve Gutierrez, Holland & Hart LLP

Steven Gutierrez

On July 14, 2020, Colorado Governor Jared Polis signed into law the Healthy Family and Workplaces Act passed by the Colorado General Assembly during its recently concluded legislative session in June 2020. The new law mandates that nearly all employees working for public and private employers in Colorado must begin accruing at least one hour of paid sick leave for every 30 hours worked, up to 48 hours total, which balance shall carryover year-to-year subject to the limit. This requirement goes into effect for covered employers with 16 or more employees on January 1, 2021, and for all other covered employers (regardless of how many employees they employ) on January 1, 2022.

The law permits use of paid sick leave hours, as soon as they accrue, for numerous reasons ranging from an employee’s own illnesses, to an employee’s need to care for family members, to leave associated with certain domestic abuse or sexual assault issues, to ordered closures of an employee’s place of business, or of a school or childcare facility, if the employee needs to care for a child. Read more >>

July 10, 2020

Traditional ‘Use-It-Or-Lose-It’ Vacation Policies Barred In Colorado—At Least For Now

by Laurie Rogers, Holland & Hart LLP

Laurie Rogers

Under a recent regulation interpreting the Colorado Wage Claim Act (CWCA), Colorado employers are now barred from having policies that permit accrued vacation time to be forfeited if not used within a particular time frame. Instead, under the new regulation, they must compensate employees for all accrued but unused vacation at the time of separation and are otherwise prohibited from having policies requiring the forfeiture of accrued but unused vacation time.

CWCA’s ‘use-it-or-lose-it’ conundrum

The legality of use-it-or-lose-it vacation policies under the CWCA has long been a subject of debate. Section 8-4- 101(14) of the Act defines “wages” and “compensation”— which must be paid out at separation of employment— to include “vacation pay earned in accordance with the terms of any agreement.” The section further provides that if “an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.” Read more >>