🇺🇸 Colorado EMPLOYMENT LAW — 2026 UPDATE

Colorado Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 17, 2026
Last Reviewed: January 17, 2026
Applicable Period: 2026
Jurisdiction: State of Colorado, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Colorado Labor Law 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

Colorado employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide provides detailed information on workplace rights, employer obligations, discrimination protections, wage and hour requirements, and complaint procedures applicable in Colorado during 2026.

Who This Guide Serves:

This guide provides essential information for two primary audiences:

For Employees: Understand your workplace rights, including minimum wage requirements, overtime protections, anti-discrimination laws, paid sick leave entitlements, reasonable accommodation procedures, and how to file complaints when rights are violated.

For Employers: Learn compliance obligations, including wage payment requirements, mandatory workplace postings, recordkeeping duties, anti-discrimination responsibilities, accommodation procedures, and reporting requirements under Colorado and federal law.

What This Guide Covers:

This guide comprehensively addresses:

  1. Employment law framework and at-will employment doctrine
  2. Employee rights including wages, hours, and paid sick leave
  3. Discrimination and harassment protections
  4. Reasonable accommodation requirements
  5. Employer compliance obligations
  6. Complaint filing procedures and enforcement agencies
  7. Remote work considerations
  8. Major 2026 legislative updates
  9. Frequently asked questions
  10. Government resources and contacts

Employment Law Framework in Colorado

1.1 At-Will Employment Doctrine

Legal Foundation

Colorado follows the legal doctrine of “employment-at-will” which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation.

Source: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics
Official Statement: “Colorado follows the legal doctrine of ’employment-at-will’ which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation. Additionally, neither an employer nor an employee is required to give a reason for the separation from employment.”
Available at: https://www.colorado.gov/pacific/cdle/employment-at-will
Case Law Foundation: Continental Airlines Inc. v. Keenan, 731 P.2d 708 (Colo. 1987)

What At-Will Employment Means

For Employees:

  • May quit employment at any time without providing advance notice
  • May resign for any reason or no reason
  • No legal obligation to provide two weeks’ notice (though customary in many workplaces)
  • Cannot be sued by employer for resignation (absent specific contract)

For Employers:

  • May terminate employment at any time without advance notice (subject to exceptions)
  • May terminate for any reason or no reason (subject to exceptions)
  • No legal obligation to provide severance pay (absent specific contract or policy)
  • May set own termination procedures (subject to contractual obligations)

Critical Exception: At-Will Does Not Mean “For Any Reason”

Despite the at-will presumption, Colorado law recognizes numerous important exceptions where termination or adverse employment action is unlawful even in an at-will employment relationship.

1.2 Exceptions to At-Will Employment

Exception 1: Discrimination in Violation of Law

Employers cannot terminate or take adverse employment action based on protected characteristics.

Colorado Anti-Discrimination Act (CADA):

According to Colorado Revised Statutes § 24-34-402, it is discriminatory practice to discharge or refuse to hire any person based on protected class.

Source: Colorado Revised Statutes Title 24, Article 34, Part 4
Citation: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf

Protected classes under Colorado law (detailed in Section 3):

  • Disability
  • Race
  • Creed
  • Color
  • Sex (including pregnancy)
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Marital status
  • Religion
  • Age (40 and over for employment)
  • National origin
  • Ancestry

Federal protections also apply in Colorado (detailed in Section 3):

  • Title VII of the Civil Rights Act (race, color, religion, sex, national origin)
  • Age Discrimination in Employment Act (age 40+)
  • Americans with Disabilities Act (disability)
  • Genetic Information Nondiscrimination Act (genetic information)

Enforcement Agency: Colorado Civil Rights Division (CCRD)
Contact: 303-894-2997 or 800-262-4845
Website: https://ccrd.colorado.gov/

Exception 2: Public Policy Violations

Colorado courts recognize terminations in violation of public policy as wrongful discharge.

Source: Colorado case law and statutory protections
Legal Standard: Established in Rocky Mountain Hospital and Medical Service v. Mariani, 916 P.2d 519 (Colo. 1996)

Public policy exceptions include termination for:

  1. Filing workers’ compensation claim
    • Protected under Colorado workers’ compensation statutes
    • Source: C.R.S. § 8-43-101 et seq.
  2. Jury duty service
  3. Refusing to commit illegal act
    • Protected under public policy exception
    • Must be clear violation of statute or well-defined public policy
  4. Whistleblower protections
    • Protected Health/Safety Expression and Whistleblowing (PHEW) Act
    • Source: C.R.S. § 8-14.4-101 et seq.
    • Available at: https://cdle.colorado.gov/
  5. Lawful off-duty conduct
    • Protected under C.R.S. § 24-34-402.5
    • Employers cannot terminate for lawful activities outside work
    • Exceptions exist for conduct affecting job performance or employer interests

Source: Colorado Revised Statutes § 24-34-402.5
Available at: https://leg.colorado.gov/

Exception 3: Contractual Limitations

Employment contracts, collective bargaining agreements, or employee handbooks may create contractual limitations on at-will employment.

Contract Types:

  • Individual employment contracts specifying termination procedures
  • Collective bargaining agreements (unionized workplaces)
  • Employee handbooks creating enforceable policies

Colorado Legal Standard:

According to Continental Airlines Inc. v. Keenan, 731 P.2d 708 (Colo. 1987), employee handbooks can modify at-will relationship if they create reasonable expectations of continued employment or specific disciplinary procedures.

Critical Consideration: Handbook disclaimers stating employment is at-will may preserve at-will status if properly drafted and conspicuously presented.

Exception 4: Statutory Protections

Numerous Colorado and federal statutes prohibit termination or retaliation for engaging in protected activities:

Colorado Healthy Families and Workplaces Act:

Equal Pay for Equal Work Act:

  • Prohibits retaliation for discussing wages or requesting wage transparency
  • Source: C.R.S. § 8-5-101 et seq.
  • Available at: https://cdle.colorado.gov/

Family and Medical Leave Act (Federal):

Occupational Safety and Health Act (Federal):

  • Prohibits retaliation for reporting safety violations
  • Source: 29 U.S.C. § 660(c)
  • Available at: https://www.osha.gov/

1.3 Labor Law vs. Employment Law: Understanding the Distinction

Definitions and Scope

Employment Law (Primary Framework):

Employment law is the broader legal framework governing the relationship between employers and employees, including:

  • Individual employment relationships
  • Wage and hour requirements
  • Discrimination and harassment
  • Reasonable accommodations
  • Workplace safety
  • Leave and benefits
  • Termination and separation
  • Employer compliance obligations

Employment law applies to virtually all employment relationships in Colorado, whether unionized or non-unionized.

Labor Law (Subset):

Labor law specifically addresses collective workplace relationships and union activities, including:

  • Union organizing and elections
  • Collective bargaining
  • Union-management relations
  • Strikes and picketing
  • Grievance procedures under collective bargaining agreements
  • Unfair labor practices

Labor law primarily applies to unionized workplaces or workplaces where union organizing occurs.

When Each Framework Applies

Employment Law Applies:

  • All Colorado workplaces
  • All employees (with limited exceptions)
  • Both unionized and non-unionized workplaces
  • Individual employee-employer relationships

Labor Law Applies:

  • Workplaces with union representation
  • Workplaces where union organizing occurs
  • Collective bargaining relationships
  • Governed by National Labor Relations Act (NLRA) federally
  • Governed by Colorado labor peace statutes for certain public employees

Colorado Labor Relations Authority

Colorado Department of Labor and Employment – Division of Labor Standards and Statistics

Authority over:

  • Labor peace in public employment
  • Certain agricultural labor relations
  • Grievance arbitration for some public employees

Source: C.R.S. § 8-3-101 et seq. (Labor Peace Act)
Available at: https://cdle.colorado.gov/dlss/labor-laws-by-topic/labor-relations/unions

Contact:
Colorado Department of Labor and Employment
Division of Labor Standards and Statistics
303-318-8000
https://cdle.colorado.gov/dlss

Federal Authority:

National Labor Relations Board (NLRB) has primary jurisdiction over private sector labor relations under the National Labor Relations Act.

Contact:
NLRB Denver Regional Office
Republic Plaza
370 17th Street, Suite 2100
Denver, CO 80202
Phone: 303-844-3551
https://www.nlrb.gov/

Practical Implications

For Most Colorado Employees:

  • Employment law is the relevant framework
  • This guide focuses primarily on employment law
  • Labor law issues require consultation with union representatives or labor attorneys

For Unionized Employees:

  • Both employment law and labor law apply
  • Collective bargaining agreements may provide greater protections
  • Grievance procedures under union contract may be required
  • Union representatives can provide guidance on contractual rights

1.4 Right-to-Work Status

Colorado is NOT a right-to-work state.

Colorado does not prohibit union security agreements requiring employees to pay union dues or fees as a condition of employment in unionized workplaces.

Source: Colorado has not enacted right-to-work legislation
Verification: Search of Colorado Revised Statutes conducted January 17, 2026
Federal Law: Railway Labor Act and National Labor Relations Act permit union security agreements

Practical Implication:

In unionized workplaces with union security agreements:

  • Employees may be required to pay union dues or fees
  • Employees cannot be required to join the union as members
  • Employees cannot be required to support union political activities
  • Religious objectors may have accommodation rights

For More Information:

Colorado Department of Labor and Employment
Labor Relations Information
https://cdle.colorado.gov/dlss/labor-laws-by-topic/labor-relations/unions

Employee Rights in Colorado

2.1 Wage and Hour Rights

Minimum Wage Requirements

State Minimum Wage (2026):

According to Colorado Constitution Article XVIII, Section 15, Colorado’s minimum wage adjusts annually based on the Consumer Price Index.

Current Colorado minimum wage (2026): $15.16 per hour

Effective date: January 1, 2026

Source: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics
Constitutional Authority: Colorado Constitution Article XVIII, Section 15
Official notice: https://cdle.colorado.gov/dlss
PAY CALC Order: 7 CCR 1103-14
Available at: https://cdle.colorado.gov/sites/cdle/files/proposed_2026_pay_calc_order_7_ccr_1103-14_9.30.25.pdf

Previous rates for comparison:

  • 2025: $14.81 per hour
  • 2024: $14.42 per hour

Adjustment methodology:

According to Colorado Constitution Article XVIII, Section 15: “Beginning January 1, 2021, and on January 1 of each year thereafter, the Colorado Director of Research shall adjust the amount of the state minimum wage by the rate of inflation, as measured by the Consumer Price Index for the Denver-Aurora-Lakewood metropolitan statistical area for all items and all urban consumers, or its successor index as published by the United States Department of Labor or its successor agency.”

Source: Colorado Constitution Article XVIII, Section 15
Available at: Colorado voter-approved Amendment in 2006 and amendments

Local Minimum Wages in Colorado

Colorado statute allows local governments to set minimum wages higher than the state minimum.

Source: C.R.S. § 8-6-101 et seq. (enacted 2019)
Available at: https://leg.colorado.gov/

2026 Local Minimum Wages:

Denver City and County:

  • General minimum wage: $19.29 per hour
  • Tipped minimum wage: $16.27 per hour
  • Effective: January 1, 2026

Source: City and County of Denver
Official information: https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor/Citywide-Minimum-Wage/
Verification date: January 17, 2026

City of Boulder:

  • General minimum wage: $16.82 per hour
  • Tipped minimum wage: $13.80 per hour
  • Effective: January 1, 2026

Source: City of Boulder
Official information: https://bouldercolorado.gov/local-minimum-wage
Verification date: January 17, 2026

Boulder County (unincorporated areas only):

  • General minimum wage: $16.82 per hour
  • Tipped minimum wage: $13.80 per hour
  • Effective: January 1, 2026

Source: Boulder County
Official information: https://bouldercounty.gov/departments/commissioners/local-minimum-wage/
Verification date: January 17, 2026

City of Edgewater:

  • General minimum wage: $18.17 per hour
  • Tipped minimum wage: $13.50 per hour
  • Effective: January 1, 2026

Source: City of Edgewater Ordinance 2025-23, passed December 16, 2025
Note: Edgewater increased its tip offset to $4.67 per hour under authority of House Bill 25-1208
Official information: https://www.edgewaterco.gov/

Employer Obligation:

Employers must pay the higher of:

  • Federal minimum wage ($7.25/hour)
  • Colorado state minimum wage ($15.16/hour)
  • Applicable local minimum wage (if any)

Tipped Employees

Colorado Tipped Minimum Wage (2026):

Colorado allows employers to pay tipped employees a lower cash wage with a tip credit.

State tipped minimum wage (2026): $12.14 per hour

Calculation:

  • Colorado minimum wage: $15.16
  • Maximum tip credit: $3.02
  • Tipped minimum wage: $15.16 – $3.02 = $12.14

Source: Colorado COMPS Order, 7 CCR 1103-1
Statutory authority: C.R.S. § 8-4-103(6)
Available at: https://cdle.colorado.gov/

Definition of “Tipped Employee”:

According to Colorado regulations, a “tipped employee” is one who customarily and regularly receives more than $30 per month in tips.

Source: 7 CCR 1103-1, Section 1.10
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/labor-rules-proposed-and-adopted

Tip Credit Requirements:

  1. Employee must actually receive tips sufficient to bring total compensation to at least the full minimum wage
  2. Employer must inform employee of tip credit provisions
  3. Employee must retain all tips (except valid tip pooling)
  4. Employer cannot use tips for any purpose other than tip credit toward minimum wage

Tip Pooling:

Colorado law allows employers to require employees to pool and share tips with other employees who customarily and regularly receive tips.

Source: C.R.S. § 8-4-103(6); 7 CCR 1103-1-1.10

Prohibited: Employers cannot require tipped employees to share tips with:

  • Managers or supervisors
  • Food preparers (unless they customarily receive tips)
  • Other employees who do not customarily and regularly receive tips

If tip pooling includes non-customary tipped employees: Employer loses ability to take tip credit for any participating employees.

Overtime Requirements

Colorado Overtime Law:

Colorado requires overtime pay for hours worked over 40 in a workweek, and additionally requires overtime pay for hours worked over 12 in a workday for most employees.

Weekly Overtime:

According to Colorado COMPS Order, 7 CCR 1103-1, Section 3:

“Employees shall be paid overtime at a rate of at least one and one-half times the employee’s regular rate of pay for all hours worked in excess of: (A) Forty hours in a workweek.”

Source: 7 CCR 1103-1, Section 3.1
Available at: https://cdle.colorado.gov/

Daily Overtime:

According to Colorado COMPS Order:

“Employees shall be paid overtime at a rate of at least one and one-half times the employee’s regular rate of pay for all hours worked in excess of twelve hours in a workday.”

Source: 7 CCR 1103-1, Section 3.1(A)
Available at: https://cdle.colorado.gov/

Consecutive hours provision:

Employees working more than 12 consecutive hours receive double time for hours beyond 12 consecutive hours.

Federal Law:

Fair Labor Standards Act requires overtime pay at rate of one and one-half times regular rate for hours over 40 in a workweek.

Source: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Colorado is more protective: Colorado’s daily overtime requirement exceeds federal law.

Exempt Employees:

Certain employees are exempt from overtime requirements under both Colorado and federal law. Common exemptions include:

  1. Executive employees: Salary threshold $65,603.20 per year (2026)
  2. Administrative employees: Salary threshold $65,603.20 per year (2026)
  3. Professional employees: Salary threshold $65,603.20 per year (2026)

Source: Colorado PAY CALC Order 2026, 7 CCR 1103-14
Available at: https://cdle.colorado.gov/sites/cdle/files/proposed_2026_pay_calc_order_7_ccr_1103-14_9.30.25.pdf

Important: Salary threshold alone does not determine exemption. Employees must also perform duties tests under applicable regulations.

For federal exemptions: 29 C.F.R. § 541
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Meal and Rest Break Requirements

Colorado Break Requirements:

Colorado requires employers to provide meal and rest breaks to most employees.

Meal Breaks:

According to Colorado COMPS Order, 7 CCR 1103-1, Section 4:

“Employees shall be entitled to an uninterrupted and duty-free meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work.”

Source: 7 CCR 1103-1, Section 4.1
Official text: https://cdle.colorado.gov/

Key requirements:

  • 30-minute meal break required after 5 hours of work
  • Meal break must be uninterrupted and duty-free
  • Employee must be completely relieved of duties
  • Meal break is unpaid if employee is completely relieved of duties

Exception: Employee and employer may mutually agree to on-duty meal period if nature of work prevents relief from duties.

Rest Breaks:

According to Colorado COMPS Order:

“Every employer shall authorize and permit a compensated ten-minute rest period for each four hours of work, or major fractions thereof, for all employees, as follows: (A) To the extent practical, rest periods shall be in the middle of each four-hour work period.”

Source: 7 CCR 1103-1, Section 4.2
Official text: https://cdle.colorado.gov/

Key requirements:

  • 10-minute paid rest break for every 4 hours worked
  • Rest breaks should be in middle of work period when practical
  • Rest breaks are compensable (paid) time
  • Minimum one rest break for shifts over 2 hours

Federal Law:

Federal law does not require meal or rest breaks for adult employees.

Source: U.S. Department of Labor, Wage and Hour Division
Official statement: https://www.dol.gov/general/topic/workhours/breaks
Statement: “Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Colorado provides greater protection than federal law.

Wage Payment Requirements

Regular Payday Requirements:

According to Colorado Revised Statutes § 8-4-103:

“Wages or compensation earned before the 1st day of the month shall be due and payable no later than the 10th day of the same month. Wages or compensation earned after the 1st day of the month shall be due and payable no later than the 15th day of the following month.”

Source: C.R.S. § 8-4-103
Official text: https://leg.colorado.gov/
Guidance: https://cdle.colorado.gov/dlss/labor-laws-by-topic/wage-and-hour-laws-including-paid-sick-leave

Employer requirement:

Employers must:

  • Establish regular paydays
  • Post notice of paydays in conspicuous location
  • Pay employees on or before scheduled payday

Wage Payment Method:

Employers may pay wages by:

  • Cash
  • Check
  • Direct deposit (with employee consent)
  • Paycard (with employee consent and no fees)

Deductions from Wages:

According to C.R.S. § 8-4-105, employers may deduct from wages only:

  1. Deductions required by law (taxes, garnishments, etc.)
  2. Deductions authorized in writing by employee for employee benefit
  3. Deductions for cash advances or loans
  4. Deductions for lost or damaged property (with specific limitations and procedures)

Source: C.R.S. § 8-4-105
Official text: https://leg.colorado.gov/

Prohibited: Employers cannot deduct from wages for:

  • Cash register shortages (if multiple employees have access)
  • Broken or damaged equipment (without following proper procedures)
  • Uniforms required by employer
  • Business expenses

Final Paycheck Requirements

Timing of Final Paycheck:

According to C.R.S. § 8-4-109:

If employee is terminated or laid off: “When any employee is discharged from the employment of an employer, the employer shall pay the employee’s wages…immediately upon discharge.”

If employee quits without notice: “When an employee quits or resigns employment, the employer shall pay the employee’s wages earned…no later than the next regular payday.”

If employee quits with at least 72 hours’ notice: “When an employee quits or resigns employment with at least seventy-two hours’ prior notice, the employer shall pay the employee’s wages earned…on the employee’s last day of work.”

Source: C.R.S. § 8-4-109
Official text: https://leg.colorado.gov/
Guidance: https://cdle.colorado.gov/

What Must Be Paid:

  • All earned wages through last day worked
  • Earned but unused vacation time (if employer policy provides for payout)
  • All other earned compensation

Not Required in Final Paycheck:

  • Accrued but unused sick leave (unless employer policy requires payout)
  • Severance pay (unless required by contract or policy)
  • Discretionary bonuses not yet earned

Penalties for Late Payment:

If employer willfully fails to pay wages when due, employee may be entitled to:

  • Unpaid wages owed
  • Penalty of 50% of unpaid wages for each day late (up to $2,000 maximum)
  • Attorney’s fees and costs

Source: C.R.S. § 8-4-109(3)
Official text: https://leg.colorado.gov/

2.2 Paid Sick Leave Rights

Colorado Healthy Families and Workplaces Act

Colorado requires all employers to provide paid sick leave to employees.

Statutory Authority:

According to Colorado Revised Statutes § 8-13.3-401 et seq., the Healthy Families and Workplaces Act (HFWA) requires employers to provide accrued paid sick leave.

Source: C.R.S. § 8-13.3-401 through 8-13.3-408
Official text: https://leg.colorado.gov/
Enacted: July 15, 2020
Expanded: August 7, 2023
Official guidance: https://cdle.colorado.gov/dlss/labor-laws-by-topic/wage-and-hour-laws-including-paid-sick-leave

Covered Employers and Employees

All employers in Colorado must provide paid sick leave, regardless of number of employees.

Source: C.R.S. § 8-13.3-403
Effective: January 1, 2022 (law initially applied only to employers with 16+ employees; expanded to all employers effective January 1, 2022)

Covered Employees:

All employees working in Colorado are covered, including:

  • Full-time employees
  • Part-time employees
  • Temporary employees
  • Seasonal employees

Limited Exemption:

  • Certain railroad employees covered by Railway Labor Act

Source: C.R.S. § 8-13.3-402(3)

Accrual Requirements

Accrual Rate:

According to C.R.S. § 8-13.3-404(1):

“An employee shall accrue a minimum of one hour of paid sick leave for every thirty hours worked.”

Source: C.R.S. § 8-13.3-404(1)
Official text: https://leg.colorado.gov/

Annual Maximum:

Employers may limit accrual and use to 48 hours per year.

Source: C.R.S. § 8-13.3-404(2)

Accrual Method:

Employers may choose either:

  1. Accrual method: Employee accrues 1 hour per 30 hours worked
  2. Front-loading method: Employer provides full 48 hours at beginning of year

Carryover:

Employees may carry over up to 48 hours of accrued, unused paid sick leave to the next year.

Source: C.R.S. § 8-13.3-404(4)

Annual use may still be capped at 48 hours even with carryover.

Permitted Uses of Paid Sick Leave

According to C.R.S. § 8-13.3-404(5), employees may use paid sick leave for:

  1. Employee’s own illness or injury
    • Mental or physical illness, injury, or health condition
    • Medical diagnosis, care, treatment, or preventive medical care
    • Mental or physical health condition requiring home care
  2. Care for family member
    • Family member’s mental or physical illness, injury, or health condition
    • Family member’s medical diagnosis, care, treatment, or preventive medical care
  3. Domestic violence, sexual assault, or stalking
    • Seeking services related to being a victim of domestic abuse, sexual assault, or criminal harassment/stalking
    • Safety planning, obtaining protection order, relocation
  4. Public health emergency closures
    • Workplace or child’s school/place of care closed by public health authority
    • Determination by public health official that employee or family member’s presence would jeopardize others due to exposure to communicable disease
  5. Bereavement
    • Attending funeral or making funeral arrangements for family member
    • Grieving death of family member
    • Attending to financial or legal matters arising from death of family member
  6. Inclement weather or unexpected event closures
    • Child’s school or place of care closed due to weather, power loss, heat loss, water loss, or other unexpected event
    • Evacuating residence or caring for family member evacuating due to similar circumstances

Source: C.R.S. § 8-13.3-404(5)
Official text: https://leg.colorado.gov/
Guidance: https://cdle.colorado.gov/

Definition of “Family Member”:

Under HFWA, “family member” is defined broadly to include:

  • Child, including biological, adopted, foster, stepchild, legal ward, or child of person standing in loco parentis
  • Spouse or domestic partner
  • Parent, including biological, foster, adoptive, or step-parent, or person who stood in loco parentis
  • Sibling
  • Grandparent
  • Grandchild
  • Person for whom employee is responsible for providing or arranging health or safety-related care

Source: C.R.S. § 8-13.3-402(5)
Official text: https://leg.colorado.gov/

Employee Rights and Employer Obligations

Rate of Pay:

Paid sick leave must be paid at employee’s regular rate of pay.

Source: C.R.S. § 8-13.3-405(1)

Use Increments:

Employees may use paid sick leave in smallest increment employer’s payroll system uses to account for other absences or time worked (no greater than one-hour increments).

Source: C.R.S. § 8-13.3-405(2)

No Documentation for Short Absences:

Employers cannot require documentation for absences of four workdays or fewer.

For Absences of Four or More Consecutive Workdays:

Employers may require reasonable documentation that paid sick leave was used for covered purposes.

Prohibited: Employers cannot require:

  • Disclosure of details related to domestic violence, sexual assault, or stalking
  • Disclosure of health condition or details of health condition

Source: C.R.S. § 8-13.3-405(3)

Job Protection:

Employees have the right to take paid sick leave and return to work without negative consequences or retaliation.

Retaliation Prohibited:

According to C.R.S. § 8-13.3-407:

“An employer shall not take retaliatory personnel action or discriminate against an employee or former employee because the person has exercised, attempted to exercise, or supported the exercise of rights protected under this part 4, including the right to request or use paid sick leave.”

Source: C.R.S. § 8-13.3-407
Official text: https://leg.colorado.gov/

Prohibited Actions:

  • Termination
  • Demotion
  • Suspension
  • Reduction in hours
  • Any adverse employment action because employee requested or used paid sick leave

No Requirement to Find Replacement:

Employers cannot require employee to find replacement worker to cover shifts during paid sick leave absence.

Source: C.R.S. § 8-13.3-407(3)

Payout Upon Separation

Not required: Employers are not required to pay out accrued, unused paid sick leave upon employee separation.

Reinstatement: If employee is rehired within six months, employer must reinstate previously accrued but unused paid sick leave.

Source: C.R.S. § 8-13.3-404(5)(b)

Notice and Posting Requirements

Employer Must:

  1. Provide notice of paid sick leave rights:
    • At time of hire
    • Update annually if law changes
  2. Post notice in conspicuous location where employees can see it
    • For remote workers: Provide electronic notice

Source: C.R.S. § 8-13.3-406(1) and (2)

Model Poster:

Colorado Department of Labor and Employment provides model posters in multiple languages.

Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Recordkeeping Requirements

Employers must retain records for each employee for two-year period documenting:

  • Hours worked
  • Paid sick leave accrued
  • Paid sick leave used

Source: C.R.S. § 8-13.3-406(3)
Official text: https://leg.colorado.gov/

Enforcement

Filing Complaints:

Employees who believe their paid sick leave rights have been violated can file complaint with:

Colorado Department of Labor and Employment
Division of Labor Standards and Statistics
Phone: 303-318-8000
Online: https://cdle.colorado.gov/dlss/demands-complaints-responses-and-settlements

Remedies may include:

  • Payment of unlawfully withheld paid sick leave
  • Reinstatement if terminated in retaliation
  • Back pay
  • Other appropriate relief

Interaction with Other Leave Laws

HFWA and FAMLI:

Colorado Family and Medical Leave Insurance (FAMLI) program provides additional leave benefits. HFWA paid sick leave and FAMLI benefits are separate programs.

Key Distinction:

  • HFWA: Short-term, accrued leave for sick and safe time (up to 48 hours/year)
  • FAMLI: Longer-term, wage replacement leave for serious health conditions, bonding, and certain family care (up to 12-24 weeks)

Coordination: Employee cannot receive both HFWA paid sick leave and FAMLI benefits for the same hours, but may supplement FAMLI benefits with HFWA leave if employer and employee mutually agree and combined payment does not exceed regular wages.

Source: FAMLI Program Guidance
Available at: https://famli.colorado.gov/

Discrimination Laws in Colorado

3.1 Overview of Discrimination Protections

Colorado prohibits employment discrimination through the Colorado Anti-Discrimination Act (CADA), which provides protections that meet or exceed federal anti-discrimination laws.

Legal Framework:

Colorado Anti-Discrimination Act (CADA):

According to Colorado Revised Statutes § 24-34-402:

“It shall be a discriminatory or unfair employment practice…to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, or marital status.”

Source: Colorado Revised Statutes Title 24, Article 34, Part 4
Citation: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf
Last amended: 2023

Enforcement Agency:

Colorado Civil Rights Division (CCRD)

CCRD is charged with investigating and enforcing Colorado’s anti-discrimination laws in employment, housing, and public accommodations.

Contact Information: Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, CO 80202
Phone: 303-894-2997 (local)
Toll-free: 800-262-4845
TTY: 711 (Relay Colorado)
Email: dora_ccrd@state.co.us
Website: https://ccrd.colorado.gov/

Verification date: January 17, 2026
Source: https://ccrd.colorado.gov/about-us

3.2 Protected Classes Under Colorado and Federal Law

Colorado Protected Classes (CADA)

According to C.R.S. § 24-34-402, Colorado law prohibits discrimination based on the following protected classes:

  1. Disability – Physical or mental impairment that substantially limits a major life activity
  2. Race – Includes hair texture, hair type, hair length, or protective hairstyles commonly or historically associated with race (such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps)
  3. Creed – Religious beliefs and convictions
  4. Color – Skin color or complexion
  5. Sex – Including pregnancy, childbirth, physical recovery from childbirth, and related medical conditions
  6. Sexual Orientation – Including heterosexuality, homosexuality, bisexuality, and transgender status
  7. Gender Identity – Person’s innate sense of being male, female, a combination of both, or neither
  8. Gender Expression – Person’s gender-related appearance, behavior, expression, or other gender-related characteristic, including a person’s “chosen name” and chosen pronouns
  9. Marital Status – Whether a person is single, married, divorced, separated, or widowed
  10. Religion – All aspects of religious observance, practice, and belief
  11. Age – Persons 40 years of age and older in employment context
  12. National Origin – Country or region where person or person’s ancestors were born
  13. Ancestry – Heritage or ethnic characteristics

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/
Guidance: https://ccrd.colorado.gov/discrimination

Important 2025 Update – Kelly Loving Act:

Effective May 16, 2025, House Bill 25-1312 (Kelly Loving Act) prohibits:

  • “Deadnaming” – Using a transgender person’s former name
  • “Misgendering” – Using incorrect pronouns for a transgender person

Definition of “Chosen Name”:

According to amended CADA definitions: “A name that an individual requests to be known as in connection to the individual’s disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, so long as the name does not contain offensive language and the individual is not requesting the name for frivolous purposes.”

Source: H.B. 25-1312, 75th Gen. Assemb., Reg. Sess. (Colo. 2025)
Effective date: May 16, 2025

Federal Protected Classes

Federal anti-discrimination laws also apply in Colorado, providing overlapping and complementary protections.

Title VII of the Civil Rights Act of 1964:

According to 42 U.S.C. § 2000e-2, it is unlawful employment practice to discriminate based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation and Supreme Court rulings)
  • National origin

Source: Title VII, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Applies to: Employers with 15 or more employees

Age Discrimination in Employment Act (ADEA):

According to 29 U.S.C. § 623, prohibits discrimination against persons 40 years of age or older.

Source: ADEA, 29 U.S.C. § 623
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section623
EEOC guidance: https://www.eeoc.gov/age-discrimination

Applies to: Employers with 20 or more employees

Americans with Disabilities Act (ADA):

According to 42 U.S.C. § 12112, prohibits discrimination against qualified individuals with disabilities.

Source: ADA, 42 U.S.C. § 12112
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112
EEOC guidance: https://www.eeoc.gov/laws/guidance/

Applies to: Employers with 15 or more employees

Genetic Information Nondiscrimination Act (GINA):

According to 42 U.S.C. § 2000ff-1, prohibits discrimination based on genetic information.

Source: GINA, 42 U.S.C. § 2000ff-1
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff-1
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Applies to: Employers with 15 or more employees

Pregnancy Discrimination Act:

Amendment to Title VII prohibiting discrimination on basis of pregnancy, childbirth, or related medical conditions.

Source: 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/
EEOC guidance: https://www.eeoc.gov/pregnancy-discrimination

3.3 Coverage and Employer Size Requirements

Colorado Anti-Discrimination Act (CADA):

Covered Employers:

According to C.R.S. § 24-34-401(3), CADA applies to:

“The state and any of its political subdivisions, agencies, boards, commissions, or instrumentalities; any person employing one or more persons; any labor organization with one or more members; any employment agency; and any person making or being interested in the making of any contract of insurance, surety, or indemnity.”

Key Point: CADA applies to employers with ONE or more employees.

Source: C.R.S. § 24-34-401(3)
Official text: https://leg.colorado.gov/

Exceptions:

Religious organizations or associations (except those supported in whole or part by taxation or public borrowing) are not covered by CADA’s employment provisions.

Source: C.R.S. § 24-34-402(7)

Federal Laws:

Federal anti-discrimination laws have specific employee thresholds:

  • Title VII: 15 or more employees
  • ADA: 15 or more employees
  • ADEA: 20 or more employees
  • GINA: 15 or more employees

Counting Employees:

Employers must have the specified number of employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Source: 42 U.S.C. § 2000e(b); 29 U.S.C. § 630(b)

3.4 Types of Prohibited Discrimination

Direct Discrimination (Disparate Treatment)

Treating employee or applicant less favorably because of protected class.

Examples:

  • Refusing to hire qualified applicant because of race
  • Paying women less than men for same work
  • Terminating employee because of religion
  • Denying promotion because of age

Legal Standard:

Employee must show:

  1. Member of protected class
  2. Qualified for position
  3. Adverse employment action occurred
  4. Circumstances suggest discrimination

Disparate Impact Discrimination

Employment practice that appears neutral but disproportionately affects protected class without business justification.

Examples:

  • Height or weight requirements that disproportionately exclude women without job-related justification
  • Requiring specific degree when not necessary for job performance
  • Testing requirements that disproportionately screen out protected groups without business necessity

Legal Standard:

Practice has discriminatory impact on protected class and employer cannot demonstrate business necessity.

Harassment

Unwelcome conduct based on protected class that creates hostile work environment or results in tangible employment action.

Hostile Work Environment:

Conduct is harassment when:

  1. Based on protected class
  2. Unwelcome to recipient
  3. Severe or pervasive enough to create intimidating, hostile, or offensive work environment
  4. Reasonable person would find environment hostile

Legal Standard:

According to EEOC and Colorado case law, harassment is evaluated based on:

  • Frequency of conduct
  • Severity of conduct
  • Whether physically threatening or humiliating
  • Whether unreasonably interferes with work performance

Source: EEOC guidance
Available at: https://www.eeoc.gov/harassment

Retaliation

Taking adverse action against employee for engaging in protected activity.

Protected Activities Include:

  • Filing discrimination complaint
  • Participating in discrimination investigation
  • Opposing discriminatory practice
  • Requesting reasonable accommodation
  • Discussing wages or working conditions

According to C.R.S. § 24-34-402:

It is discriminatory practice to retaliate against person for opposing discriminatory practice or participating in proceeding under CADA.

Source: C.R.S. § 24-34-402(1)(e)
Official text: https://leg.colorado.gov/

Elements of Retaliation Claim:

  1. Employee engaged in protected activity
  2. Employer took adverse employment action
  3. Causal connection between protected activity and adverse action

Adverse Actions Include:

  • Termination
  • Demotion
  • Reduction in pay or hours
  • Transfer to less desirable position
  • Negative performance reviews
  • Hostile treatment

3.5 Sexual Harassment

Legal Framework

Federal Definition:

According to EEOC guidance, sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when:

  1. Submission to conduct is made explicit or implicit term or condition of employment
  2. Submission to or rejection of conduct is used as basis for employment decisions
  3. Conduct has purpose or effect of unreasonably interfering with work performance or creating intimidating, hostile, or offensive work environment

Source: EEOC Sexual Harassment Guidance
Available at: https://www.eeoc.gov/sexual-harassment

Colorado Law:

Colorado Anti-Discrimination Act prohibits sexual harassment as form of sex discrimination.

Source: C.R.S. § 24-34-402
Guidance: https://ccrd.colorado.gov/

Two Types of Sexual Harassment

1. Quid Pro Quo Sexual Harassment:

Employment benefits conditioned on submission to sexual conduct.

Examples:

  • Supervisor promising promotion in exchange for sexual favors
  • Supervisor threatening termination for refusing sexual advances
  • Manager offering raise for dating or sexual relationship

Employer Liability: Employer is strictly liable for quid pro quo harassment by supervisors.

2. Hostile Work Environment Sexual Harassment:

Unwelcome sexual conduct that creates intimidating, hostile, or offensive work environment.

Examples:

  • Repeated unwanted sexual comments or jokes
  • Displaying sexually explicit materials
  • Unwanted touching or physical contact
  • Sexually suggestive emails or messages
  • Persistent requests for dates after being declined

Employer Liability: Employer may be liable if:

  • Knew or should have known about harassment
  • Failed to take prompt and appropriate corrective action

Employer Responsibilities

Prevention:

Employers should:

  • Establish clear anti-harassment policy
  • Communicate policy to all employees
  • Provide training on sexual harassment prevention
  • Create accessible complaint procedures
  • Take complaints seriously and investigate promptly

Investigation and Response:

When employer learns of potential harassment:

  1. Conduct prompt, thorough, and impartial investigation
  2. Take immediate action to stop harassment
  3. Implement appropriate discipline or corrective action
  4. Follow up to ensure harassment has stopped
  5. Protect complainant from retaliation

Colorado Sexual Harassment Training Requirements

No statewide mandate: Colorado does not currently require sexual harassment prevention training for all employers.

Search conducted: Colorado Revised Statutes and Colorado Department of Labor and Employment
Date: January 17, 2026
Result: No statewide mandatory training requirement found

Best Practice: Many employers voluntarily provide sexual harassment prevention training.

Note: Some Colorado localities may have specific requirements. Employers should check local ordinances.

Federal contractors: May have training requirements under federal regulations.

Reporting Sexual Harassment

Internal Reporting:

Employees should:

  1. Report harassment to supervisor (if not the harasser)
  2. Follow employer’s complaint procedure
  3. Document incidents with dates, times, witnesses
  4. Keep copies of relevant communications

External Reporting:

Employees may file charges with:

Colorado Civil Rights Division:

Equal Employment Opportunity Commission:

  • Must file within 300 days in Colorado (dual-filing state)
  • Contact: 303-866-1300 (Denver Field Office)
  • Online: https://www.eeoc.gov/

3.6 Pregnancy Discrimination

Colorado Protections

Sex Discrimination Includes Pregnancy:

According to C.R.S. § 24-34-402, discrimination based on “sex” explicitly includes:

  • Pregnancy
  • Childbirth
  • Physical recovery from childbirth
  • Related medical conditions

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

Prohibited Actions:

Employers cannot:

  • Refuse to hire because applicant is pregnant
  • Terminate employee because of pregnancy
  • Force pregnant employee to take leave
  • Deny benefits to pregnant employee
  • Treat pregnancy differently than other temporary medical conditions

Reasonable Accommodations for Pregnancy

Colorado Law:

According to C.R.S. § 24-34-402.3:

“An employer has an affirmative duty to engage in a timely, good faith, and meaningful interactive process to determine effective and reasonable accommodations that may be necessary because of an applicant’s or employee’s pregnancy, or related physical condition related to pregnancy or childbirth.”

Source: C.R.S. § 24-34-402.3
Official text: https://leg.colorado.gov/
Effective: 2024

Reasonable Accommodations May Include:

  • More frequent or longer bathroom breaks
  • Breaks for water or food
  • Seating or ability to sit more frequently
  • Limits on lifting
  • Temporary transfer to less strenuous or hazardous position
  • Modified work schedule
  • Light duty assignment
  • Leave or time off

Interactive Process Required:

Employer must engage in timely, good faith interactive process to determine appropriate accommodations.

Source: C.R.S. § 24-34-402.3(2)

Undue Hardship:

Employer not required to provide accommodation that causes undue hardship (significant difficulty or expense).

Federal Protections:

Pregnancy Discrimination Act:

Amendment to Title VII prohibiting pregnancy discrimination.

Source: 42 U.S.C. § 2000e(k)
Available at: https://www.eeoc.gov/pregnancy-discrimination

Pregnant Workers Fairness Act (PWFA):

Effective June 27, 2023, requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg
Official text: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act
Applies to: Employers with 15 or more employees

3.7 Age Discrimination

Federal Protection – Age Discrimination in Employment Act (ADEA)

According to 29 U.S.C. § 623, it is unlawful to discriminate against persons 40 years of age or older in hiring, termination, compensation, or terms and conditions of employment.

Source: ADEA, 29 U.S.C. § 623
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section623
EEOC guidance: https://www.eeoc.gov/age-discrimination

Coverage:

  • Employers with 20 or more employees
  • Protects individuals 40 years of age and older

Protected Individuals: Anyone 40 or older, including both hiring and retention contexts.

Colorado Protection

Colorado Anti-Discrimination Act prohibits age discrimination for persons 40 years of age and older in employment.

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

Coverage:

  • All employers with one or more employees
  • Protects individuals 40 years of age and older

Greater Protection: Colorado law applies to smaller employers than federal ADEA.

Prohibited Conduct

Examples of Age Discrimination:

  • Refusing to hire older worker who is qualified
  • Terminating older employee and replacing with significantly younger employee
  • Limiting training opportunities to younger employees
  • Age-based harassment or comments
  • Forcing retirement based on age (with limited exceptions)

Exceptions:

Bona Fide Occupational Qualification (BFOQ):

Age may be lawful consideration when reasonably necessary to normal operation of business (very narrow exception).

Source: 29 U.S.C. § 623(f)(1)

Early Retirement Incentives:

Voluntary early retirement programs may be lawful if:

  • Truly voluntary
  • Provide valuable consideration
  • Waiver of rights is knowing and voluntary
  • Complies with Older Workers Benefit Protection Act

Source: 29 U.S.C. § 626(f)
EEOC guidance: https://www.eeoc.gov/laws/guidance/

3.8 Disability Discrimination

Federal Protection – Americans with Disabilities Act (ADA)

According to 42 U.S.C. § 12112, covered entities shall not discriminate against qualified individual on basis of disability.

Source: ADA, 42 U.S.C. § 12112
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Coverage: Employers with 15 or more employees

Definition of “Disability”:

According to 42 U.S.C. § 12102, disability means:

  1. Physical or mental impairment that substantially limits one or more major life activities
  2. Record of such impairment
  3. Being regarded as having such impairment

Major Life Activities Include:

  • Caring for oneself
  • Performing manual tasks
  • Seeing, hearing, eating, sleeping, walking, standing, lifting, bending
  • Communicating, working, learning, reading, concentrating, thinking
  • Major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions)

Source: 42 U.S.C. § 12102(2)
Official text: https://uscode.house.gov/

Colorado Protection

Colorado Anti-Discrimination Act prohibits disability discrimination.

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

Coverage: All employers with one or more employees

Definition of “Disability”:

Under CADA, disability means condition that substantially limits one or more major life activities, including:

  • Physical or mental impairment
  • History of such impairment
  • Being perceived as having such impairment

Source: C.R.S. § 24-34-301(2.5)

“Qualified Individual with Disability”

Both ADA and CADA protect only “qualified individuals with disabilities.”

Qualified Individual:

Person who:

  1. Satisfies requisite skill, experience, education, and other job-related requirements
  2. Can perform essential functions of position with or without reasonable accommodation

Source: 42 U.S.C. § 12111(8); C.R.S. § 24-34-402

Essential Functions:

Fundamental job duties, not marginal functions. Determined by:

  • Employer’s judgment
  • Written job description prepared before advertising or interviewing
  • Amount of time spent performing function
  • Consequences of not requiring person to perform function
  • Work experience of past employees
  • Current work experience of employees in similar jobs

Prohibited Conduct

Examples of Disability Discrimination:

  • Refusing to hire qualified applicant because of disability
  • Terminating employee because of disability
  • Denying benefits or privileges because of disability
  • Failing to provide reasonable accommodation
  • Using qualification standards or tests that screen out individuals with disabilities
  • Asking about disability in job application or pre-offer interview

Medical Examinations and Inquiries:

Pre-Offer Stage:

  • Cannot ask about disability
  • Cannot require medical examination
  • Can ask about ability to perform job functions

Post-Offer, Pre-Employment:

  • May require medical examination if required of all entering employees in same job category
  • May make offer conditional on examination results

During Employment:

  • Medical examinations must be job-related and consistent with business necessity
  • May inquire if need for reasonable accommodation is not obvious

Source: 42 U.S.C. § 12112(d); EEOC guidance
Available at: https://www.eeoc.gov/laws/guidance/

3.9 Religious Discrimination and Accommodation

Protections

Federal – Title VII:

Prohibits discrimination based on religion, including religious beliefs, practices, and observance.

Source: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Colorado – CADA:

Prohibits discrimination based on “creed” and “religion.”

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

Definition of Religion

Religion includes:

  • Traditional organized religions
  • Sincerely held religious, ethical, or moral beliefs
  • Religious observances and practices
  • Religious dress and grooming

Source: EEOC Guidance on Religious Discrimination
Available at: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Reasonable Accommodation for Religious Beliefs

Employer Duty:

Employers must reasonably accommodate employee’s sincerely held religious beliefs, practices, or observances unless accommodation causes undue hardship.

Source: 42 U.S.C. § 2000e(j)

Examples of Religious Accommodations:

  • Modified work schedule for religious observances
  • Voluntary shift swaps or substitutions
  • Exceptions to dress or grooming policies
  • Prayer breaks during workday
  • Use of facility for religious observance

Undue Hardship:

Accommodation causes undue hardship if it imposes more than de minimis (minimal) cost on employer.

Important Update: Supreme Court decision in Groff v. DeJoy (2023) clarified that undue hardship requires showing “substantial increased costs” to employer, raising the bar from previous “de minimis” standard.

Source: Groff v. DeJoy, 600 U.S. 447 (2023)
EEOC updated guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

3.10 Filing Discrimination Complaints

Time Limits

Colorado Civil Rights Division:

Complaints must be filed within 300 days of the alleged discriminatory act.

Source: C.R.S. § 24-34-306
Official text: https://leg.colorado.gov/

Equal Employment Opportunity Commission:

In Colorado (dual-filing state), complaints must be filed within 300 days of alleged discrimination.

Source: EEOC procedures
Available at: https://www.eeoc.gov/filing-charge-discrimination

Critical: Missing deadline may bar claim. File promptly after discriminatory act.

Where to File

Colorado Civil Rights Division (CCRD):

Contact: Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, CO 80202
Phone: 303-894-2997 (local)
Toll-free: 800-262-4845
TTY: 711 (Relay Colorado)
Email: dora_ccrd@state.co.us
Website: https://ccrd.colorado.gov/

Filing Options:

Equal Employment Opportunity Commission (EEOC):

Denver Field Office: 303 E. 17th Avenue, Suite 410
Denver, CO 80203
Phone: 303-866-1300
TTY: 800-669-6820

Filing Options:

Source: https://www.eeoc.gov/field-office/denver/location

Dual Filing:

Colorado and EEOC have work-sharing agreement. Filing with one agency typically results in cross-filing with the other.

Investigation Process

CCRD Process:

  1. Intake: Employee files charge of discrimination
  2. Service: Charge served on employer
  3. Position Statement: Employer provides written response
  4. Rebuttal: Employee may respond to employer’s position
  5. Investigation: CCRD investigates allegations
  6. Determination: Director determines if probable cause exists
  7. Mediation: If probable cause found, mandatory mediation attempted
  8. Hearing: If mediation unsuccessful, case may proceed to hearing before Colorado Civil Rights Commission

Source: CCRD procedures
Available at: https://ccrd.colorado.gov/

Timeline: Investigations typically take 6-12 months, but may take longer for complex cases.

Remedies and Relief

Potential Remedies:

If discrimination is found, remedies may include:

  • Back pay (lost wages)
  • Front pay (future lost wages)
  • Reinstatement
  • Hiring
  • Promotion
  • Policy changes
  • Training
  • Compensatory damages (emotional distress)
  • Punitive damages (if willful or malicious)
  • Attorney’s fees and costs

Damage Caps:

Federal law caps compensatory and punitive damages based on employer size:

  • 15-100 employees: $50,000
  • 101-200 employees: $100,000
  • 201-500 employees: $200,000
  • 500+ employees: $300,000

Source: 42 U.S.C. § 1981a(b)(3)

Colorado law: No statutory damage caps for CADA claims.

Reasonable Accommodations

4.1 Overview of Accommodation Requirements

Both federal and Colorado law require employers to provide reasonable accommodations to qualified individuals with disabilities, pregnant workers, and employees with sincerely held religious beliefs.

Three Main Accommodation Categories:

  1. Disability accommodations (ADA and CADA)
  2. Pregnancy accommodations (PWFA and CADA)
  3. Religious accommodations (Title VII and CADA)

4.2 Disability Accommodations

Legal Requirements

Americans with Disabilities Act (ADA):

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: ADA, 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Colorado Anti-Discrimination Act:

Colorado law similarly requires reasonable accommodations for employees with disabilities.

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

What is “Reasonable Accommodation”?

Reasonable accommodation is modification or adjustment to job, work environment, or usual way things are done that enables qualified individual with disability to:

  • Apply for job
  • Perform essential functions of job
  • Enjoy equal benefits and privileges of employment

Examples of Reasonable Accommodations:

Physical Modifications:

  • Making facilities accessible (ramps, accessible restrooms)
  • Adjusting workstation (adjustable desk, ergonomic chair)
  • Providing accessible parking

Job Restructuring:

  • Eliminating or reassigning marginal job functions
  • Modifying work schedule or allowing part-time schedule
  • Allowing telework
  • Reallocating tasks among employees

Equipment and Devices:

  • Providing or modifying equipment (specialized computer software, amplified telephone)
  • Providing assistive technology (screen reader, voice recognition software)
  • Providing interpreters or readers

Policy Modifications:

  • Allowing service animal in workplace
  • Modifying break schedule
  • Providing leave beyond what employer normally provides
  • Adjusting supervisory methods

Reassignment:

  • Transferring to vacant position for which employee is qualified (if no accommodation available in current position)

Source: EEOC guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Interactive Process

Requirement:

When employee requests accommodation or employer becomes aware of need for accommodation, employer must engage in informal, interactive process to:

  1. Determine whether employee has disability-related limitation
  2. Identify potential accommodations
  3. Assess effectiveness of potential accommodations

Source: 29 C.F.R. § 1630.2(o)(3); EEOC guidance

Interactive Process Steps:

Step 1: Employee Requests Accommodation or Need Becomes Apparent

Employee need not use specific words like “reasonable accommodation” or “ADA.” Request can be informal.

Examples of requests:

  • “I need a new chair because of my back problem”
  • “I need time off for medical treatment”
  • “Can I work from home because of my disability?”

Step 2: Employer Gathers Information

Employer may:

  • Ask employee about limitation and how it affects ability to perform job
  • Request medical documentation if limitation or need for accommodation is not obvious
  • Consult with employee about potential accommodations

Step 3: Employer and Employee Discuss Possible Accommodations

Both parties should:

  • Identify essential job functions
  • Consider employee’s preferred accommodation
  • Explore alternative accommodations
  • Assess effectiveness of potential accommodations

Step 4: Employer Selects and Implements Accommodation

Employer chooses which reasonable accommodation to provide. Employer need not provide:

  • Employee’s preferred accommodation (if another effective accommodation exists)
  • Best possible accommodation
  • Accommodation that eliminates essential job functions

Step 5: Monitor Effectiveness

After implementing accommodation:

  • Assess whether accommodation is effective
  • Make adjustments if needed
  • Continue interactive process if needed

Timing:

Interactive process should begin promptly after request and proceed expeditiously. Unnecessary delay may violate ADA.

Source: EEOC guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Medical Documentation

When Documentation May Be Required:

Employer may request medical documentation when:

  • Disability is not obvious
  • Need for accommodation is not obvious
  • Employer has reasonable belief documentation is needed

What Documentation May Include:

  • Nature of condition
  • How condition limits major life activity
  • Why accommodation is needed
  • How accommodation will help employee perform job functions

Limitations:

Employer cannot:

  • Require disclosure of complete medical records
  • Request information beyond what is needed to establish disability and need for accommodation
  • Contact employee’s health care provider directly without employee consent

Source: EEOC guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Undue Hardship Defense

Definition:

“Undue hardship” means significant difficulty or expense when considered in light of:

  • Nature and cost of accommodation
  • Overall financial resources of employer
  • Number of employees
  • Effect on expenses and resources
  • Impact on facility operations
  • Type of operation, including structure and functions of workforce

Source: 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/

Factors Considered:

According to 29 C.F.R. § 1630.2(p), undue hardship analysis considers:

  • Nature and net cost of accommodation
  • Overall financial resources of facility and covered entity
  • Overall size of covered entity’s business
  • Composition, structure, and functions of workforce
  • Geographic separateness and administrative or fiscal relationship of facility to covered entity

Burden of Proof:

Employer has burden to prove accommodation would cause undue hardship.

Source: EEOC guidance

What Does NOT Constitute Undue Hardship:

  • Minor inconvenience
  • Co-worker complaints
  • Customer preference
  • Slight decrease in productivity
  • Morale issues

4.3 Pregnancy Accommodations

Federal Law – Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, PWFA requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg
Official text: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act

Coverage: Employers with 15 or more employees

Covered Conditions:

Limitations related to:

  • Pregnancy
  • Childbirth
  • Related medical conditions (including lactation, miscarriage, stillbirth, abortion, infertility, use of contraception, menstruation)

Colorado Law

According to C.R.S. § 24-34-402.3:

“An employer has an affirmative duty to engage in a timely, good faith, and meaningful interactive process to determine effective and reasonable accommodations that may be necessary because of an applicant’s or employee’s pregnancy, or related physical condition related to pregnancy or childbirth.”

Source: C.R.S. § 24-34-402.3
Official text: https://leg.colorado.gov/
Effective: 2024

Coverage: All employers (one or more employees)

Examples of Pregnancy Accommodations

  • Additional, longer, or more flexible breaks
  • Modifications to workspace, equipment, or seating
  • Temporary transfer to less strenuous or hazardous position
  • Job restructuring, modified work schedule, or light duty
  • Leave or time off to recover from childbirth or related medical conditions
  • Closer parking
  • Telework
  • Acquiring or modifying equipment
  • Allowing food or drink at workstation

Source: EEOC PWFA guidance
Available at: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act

Interactive Process for Pregnancy Accommodations

Same interactive process applies as disability accommodations:

  1. Employee requests accommodation or need becomes apparent
  2. Employer gathers information about limitation and need
  3. Both parties discuss possible accommodations
  4. Employer provides reasonable accommodation
  5. Monitor effectiveness

Medical Documentation:

Employer may require supporting documentation regarding limitation and need for accommodation, but cannot require more information than necessary.

Undue Hardship

Same undue hardship standard applies as disability accommodations (significant difficulty or expense).

Source: 42 U.S.C. § 2000gg-5
Official text: https://www.eeoc.gov/

4.4 Religious Accommodations

Legal Requirements

Title VII – Federal Law:

Employers must reasonably accommodate employee’s sincerely held religious beliefs, practices, or observances unless accommodation causes undue hardship.

Source: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

Colorado Law:

CADA similarly requires reasonable accommodations for religious beliefs.

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

What Requires Accommodation?

Religious practices include:

  • Religious observance or worship
  • Participation in religious instruction
  • Religious dress or grooming
  • Proselytizing
  • Religious expression

Sincerely Held Religious Belief:

Belief is “religious” if it concerns ultimate ideas about life, purpose, and death. Does not require:

  • Membership in organized religion
  • Belief shared by others in religious group
  • Observance of all tenets of religion

Source: EEOC guidance

Examples of Religious Accommodations

Schedule Modifications:

  • Time off for religious observance (Sabbath, holy days, prayer times)
  • Voluntary shift swaps
  • Flexible arrival and departure times

Dress and Grooming:

  • Exceptions to dress codes (religious head covering, facial hair, religious jewelry)
  • Modifications to uniform requirements

Job Duties:

  • Reassignment of particular tasks that conflict with religious beliefs
  • Lateral transfer to position with no conflict

Workplace Practices:

  • Permission to display religious items at workstation
  • Access to private area for prayer
  • Exception to social events that conflict with religious beliefs

Undue Hardship for Religious Accommodation

Updated Standard:

In Groff v. DeJoy (2023), Supreme Court clarified that religious accommodation causes undue hardship only if it results in “substantial increased costs” to employer’s business.

Source: Groff v. DeJoy, 600 U.S. 447 (2023)
Available at: https://www.supremecourt.gov/
EEOC updated guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

Factors to Consider:

  • Burden on other employees performing duties
  • Impact on workplace efficiency
  • Infringement on other employees’ rights
  • Cost and burden of accommodation
  • Employer size and resources

What is NOT Undue Hardship:

  • Co-worker grumbling or jealousy
  • Employee preference not to work with religious individual
  • Customer preference
  • Minimal costs

4.5 How to Request Accommodation

For Employees

Making Request:

  1. Inform employer of need: Request can be informal and need not use specific legal terms
    • Example: “I need time off for religious observance”
    • Example: “I need a different chair because of my back condition”
  2. Explain limitation: Describe how condition limits ability to perform job (if not obvious)
  3. Suggest accommodation: While not required, employee may suggest specific accommodation
  4. Provide documentation if requested: If employer requests medical documentation, provide relevant information
  5. Participate in interactive process: Engage in good faith discussion about potential accommodations

To Whom to Make Request:

  • Supervisor or manager
  • Human resources
  • Person designated in employer’s accommodation policy

Written Request:

While not required, putting request in writing creates documentation:

  • Date of request
  • Description of limitation
  • Need for accommodation
  • Suggested accommodation (if any)
  • Any medical documentation

Timing:

Request accommodation as soon as need becomes apparent. Do not wait until performance issues arise.

For Employers

Responding to Request:

  1. Acknowledge request promptly: Confirm receipt and begin process quickly
  2. Gather information: Ask questions to understand limitation and need
    • What limitation affects ability to perform job?
    • How does limitation affect ability to perform job?
    • What accommodation would help?
  3. Request medical documentation if needed: Only if limitation or need is not obvious
  4. Engage in interactive process: Discuss potential accommodations with employee
  5. Make decision: Select reasonable accommodation that is effective
  6. Document process: Keep records of:
    • Request and date received
    • Information gathered
    • Accommodations considered
    • Decision and rationale
    • Implementation
  7. Implement accommodation: Put accommodation in place without unnecessary delay
  8. Monitor and adjust: Follow up to ensure accommodation is effective

Confidentiality:

Maintain confidentiality of:

  • Medical information
  • Nature of disability or limitation
  • Details of accommodation (to extent possible)

Source: ADA confidentiality requirements, 42 U.S.C. § 12112(d)(3)

Employer Obligations in Colorado

5.1 Required Workplace Postings

Colorado law requires employers to display certain posters and notices in conspicuous locations where employees can see them.

State-Required Posters

Colorado Overtime and Minimum Pay Standards (COMPS) Order Poster:

According to 7 CCR 1103-1, Section 7.4.1:

“Every employer subject to the COMPS Order must display a COMPS Order poster for the current year, with applicable dollar figures as stated in the PAY CALC Order for that year, published by the Division in an area frequented by employees where it may be easily read during the workday.”

Source: Colorado COMPS Order, 7 CCR 1103-1, Section 7.4
Official poster (2026): https://cdle.colorado.gov/sites/cdle/files/2026_comps_order_poster_english_%5Baccessible%5D.pdf
Spanish version: https://cdle.colorado.gov/sites/cdle/files/2026_spanish_comps_poster_accessible.pdf
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Contents: 2026 minimum wage ($15.16/hour), tipped minimum wage ($12.14/hour), overtime requirements, meal and rest break requirements, exempt employee thresholds

Handbook Requirement:

Employers publishing or distributing employee handbooks must include copy of COMPS Order or poster with handbook.

Source: 7 CCR 1103-1, Section 7.4.2

Colorado Workplace Public Health Rights Poster:

Required under Colorado Healthy Families and Workplaces Act (HFWA) and Protected Health/Safety Expression and Whistleblowing (PHEW) Act.

Source: C.R.S. § 8-13.3-408 (HFWA); C.R.S. § 8-14.4-103 (PHEW)
Official poster: https://cdle.colorado.gov/sites/cdle/files/Poster%2C%20Paid%20Leave%20%26%20Whistleblower%20accessible.pdf
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Contents: Paid sick leave rights, whistleblower protections, personal protective equipment rights, complaint procedures

Notice of Paydays:

According to C.R.S. § 8-4-107:

“Every employer shall post and keep posted conspicuously at the place of work if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer a notice specifying the regular paydays and the time and place of payment.”

Source: C.R.S. § 8-4-107
Official template: https://cdle.colorado.gov/sites/cdle/files/notice_of_paydays_poster_9.3.25_accessible.pdf
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Employer must fill in: Regular paydays, time of payment, place of payment

Colorado Anti-Discrimination Poster:

Informs employees of rights under Colorado Anti-Discrimination Act.

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/

FAMLI Program Notice:

Informs employees of Colorado Family and Medical Leave Insurance program.

Source: FAMLI Division
Available at: https://famli.colorado.gov/

Workers’ Compensation Notice:

Notice of workers’ compensation coverage and rights.

Source: Colorado Division of Workers’ Compensation
Available at: https://cdle.colorado.gov/dwc

Federal-Required Posters

Fair Labor Standards Act (FLSA):

Employee rights under federal minimum wage, overtime, and child labor laws.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

Equal Employment Opportunity (EEO):

“Know Your Rights: Workplace Discrimination is Illegal” poster covering Title VII, ADA, ADEA, GINA, and other federal anti-discrimination laws.

Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster

Family and Medical Leave Act (FMLA):

Required for employers with 50 or more employees.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

OSHA – Job Safety and Health:

Workplace safety rights under Occupational Safety and Health Act.

Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/publications/poster

Employee Polygraph Protection Act:

Rights regarding polygraph testing.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

Uniformed Services Employment and Reemployment Rights Act (USERRA):

Rights of employees serving in uniformed services.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/vets/programs/userra/poster

Local Posting Requirements

Denver:

Employers in Denver must post Denver minimum wage notice in addition to state and federal posters.

Source: City and County of Denver
Official information: https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor/Citywide-Minimum-Wage/

Boulder:

Employers in Boulder must post Boulder minimum wage notice.

Source: City of Boulder
Official information: https://bouldercolorado.gov/local-minimum-wage

Edgewater:

Employers in Edgewater must post Edgewater minimum wage notice.

Source: City of Edgewater
Official information: https://www.edgewaterco.gov/

Posting Location Requirements

According to 7 CCR 1103-1, Section 4.1.3:

Posters must be displayed:

  • In conspicuous location frequented by employees
  • Where they may be easily read during workday
  • In all places where notices concerning employee rights are customarily posted
  • Examples: break rooms, employee bulletin boards, near time clocks, department entrances, facility entrances

Remote Workers:

For workplaces where physical posting is impractical (including remote work), employer must:

  • Provide copy of poster to each employee within first month of employment
  • Provide through electronic communication if customarily used
  • Post conspicuously in web-based platform if used

Source: 7 CCR 1103-1, Section 4.1.3(B)

Multi-Language Requirements:

Employers with employees with limited English must provide posters in appropriate language. Colorado Department of Labor and Employment provides posters in multiple languages including Spanish, Arabic, Chinese, French, Nepali, Russian, Somali, Vietnamese, and others.

Source: 7 CCR 1103-1, Section 7.4.3
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Penalties for Non-Compliance

Failure to post required notices can result in:

  • Civil fines (up to $100 per violation for HFWA/PHEW posting requirements)
  • Loss of eligibility for certain wage credits or exemptions under COMPS Order
  • Enforcement actions by regulatory agencies

Source: 7 CCR 1103-1, Section 7.4.1

5.2 New Hire Reporting

Colorado employers must report new hires and rehires to state directory.

Reporting Requirement

According to C.R.S. § 26-13-107:

Employers must report:

  • All newly hired employees
  • Employees rehired after separation or layoff
  • Independent contractors (optional but recommended)

Source: C.R.S. § 26-13-107
Official text: https://leg.colorado.gov/

Timeline

Report must be submitted within 20 days of employee’s first day of work.

Preferred method: Within 7-10 days of hire date.

Required Information

  • Employee’s full name
  • Employee’s Social Security Number
  • Employee’s address
  • Employee’s date of hire
  • Employer’s name
  • Employer’s address
  • Employer’s Federal Employer Identification Number (FEIN)

How to Report

Online (preferred method):

Colorado State Directory of New Hires
Website: https://newhire-reporting.com/CO-Newhire/default.aspx

By fax: 303-297-2695

By mail: Colorado State Directory of New Hires
P.O. Box 2421951
Denver, CO 80224-1951

Source: Colorado Department of Human Services
Information: https://coloradopeak.secure.force.com/

Purpose

New hire reporting helps:

  • Locate parents for child support enforcement
  • Prevent unemployment insurance fraud
  • Prevent workers’ compensation fraud

5.3 Recordkeeping Requirements

Employers must maintain accurate employment records.

Wage and Hour Records

Colorado Requirements:

According to C.R.S. § 8-4-107, employers must maintain payroll records.

Records must include:

  • Employee’s full name
  • Employee’s address
  • Employee’s Social Security Number
  • Employee’s date of birth (if under 18)
  • Occupation
  • Time and day work week begins
  • Regular hourly rate of pay
  • Hours worked each day and workweek
  • Total wages paid each pay period
  • Deductions from wages
  • Overtime hours and overtime pay
  • Date of payment and pay period covered

Retention period: Minimum 3 years

Source: Federal Fair Labor Standards Act, 29 C.F.R. § 516.5
Available at: https://www.dol.gov/

Paid Sick Leave Records

According to C.R.S. § 8-13.3-406(3):

Employers must retain records for each employee for two-year period documenting:

  • Hours worked
  • Paid sick leave accrued
  • Paid sick leave used

Source: C.R.S. § 8-13.3-406(3)
Official text: https://leg.colorado.gov/

Personnel Records

No specific Colorado statute requires maintenance of personnel files, but best practice and legal considerations support maintaining:

  • Job applications and resumes
  • Offer letters and employment contracts
  • Performance evaluations
  • Disciplinary records
  • Termination documentation
  • Training records
  • Accommodation requests and interactive process documentation

Recommended retention: Minimum 3 years after termination

Employment discrimination records:

Under federal law (EEOC regulations), employers must keep employment records relevant to discrimination charges or lawsuits until final disposition.

Source: 29 C.F.R. § 1602.14
Available at: https://www.eeoc.gov/

I-9 Forms

Federal requirement:

Form I-9 (Employment Eligibility Verification) must be completed for all employees.

Retention period:

  • Keep for 3 years after date of hire, OR
  • 1 year after employment ends, whichever is later

Source: U.S. Citizenship and Immigration Services
Form I-9 information: https://www.uscis.gov/i-9

Storage: I-9 forms must be kept separate from personnel files to facilitate government inspection.

Medical Records

ADA Requirements:

Medical records and information must be kept confidential and stored separately from personnel files.

Retention period: Duration of employment plus 1 year after termination (EEOC recommendation).

Source: Americans with Disabilities Act, 42 U.S.C. § 12112(d)(3)
EEOC guidance: https://www.eeoc.gov/

Includes:

  • Medical examination records
  • Disability accommodation requests and documentation
  • FMLA medical certifications
  • Workers’ compensation records
  • Drug test results

Access to Records

Colorado law (C.R.S. § 8-2-129):

Employees may inspect certain personnel records during regular business hours.

Source: C.R.S. § 8-2-129
Official text: https://leg.colorado.gov/

Employee may inspect:

  • Written evaluations
  • Written warnings or reprimands
  • Written notices of discipline or termination

Employer may require:

  • Reasonable advance notice
  • Inspection during regular business hours
  • Presence of employer representative

5.4 Form I-9 and E-Verify

Form I-9 Requirements

Federal law requires all U.S. employers to verify employment eligibility of all employees.

Form I-9 must be completed:

  • For all employees hired after November 6, 1986
  • Regardless of citizenship or national origin
  • Within 3 business days of hire date

Source: Immigration Reform and Control Act, 8 U.S.C. § 1324a
USCIS guidance: https://www.uscis.gov/i-9

Employee must provide:

  • Documents establishing identity and employment authorization
  • Acceptable documents listed on Form I-9 (Lists A, B, and C)

Employer responsibilities:

  • Examine original documents
  • Record document information on Form I-9
  • Determine whether documents reasonably appear genuine
  • Retain completed Form I-9

Prohibited:

  • Requesting specific documents from Lists
  • Requesting more documents than required
  • Discriminating based on national origin or citizenship status

Retention: Keep for 3 years after hire OR 1 year after employment ends, whichever is later.

E-Verify

E-Verify is federal electronic system to verify employment eligibility.

Colorado does not mandate E-Verify for most private employers.

Source: Search of Colorado Revised Statutes
Date: January 17, 2026
Result: Colorado Senate Bill 21-199 (2021) repealed state requirements for public contractors to use E-Verify

Voluntary participation:

Employers may voluntarily enroll in E-Verify.

Information: U.S. Citizenship and Immigration Services
Website: https://www.e-verify.gov/

Federal contractors:

Federal contractors and subcontractors may be required to use E-Verify under Federal Acquisition Regulation.

Source: Executive Order 12989, as amended
Information: https://www.e-verify.gov/employers/required-to-participate-in-e-verify

5.5 Wage Payment Requirements

Employers must comply with Colorado wage payment laws.

Method of Payment

Acceptable payment methods:

According to C.R.S. § 8-4-102 and § 8-4-104:

  • Cash
  • Check payable on demand
  • Direct deposit (with employee consent)
  • Paycard (with employee consent and compliance with requirements)

Paycard requirements:

  • Employee must consent
  • Employee must have option to receive payment by different method
  • No fees to employee for accessing full amount of wages on payday
  • Employee can make at least one free withdrawal per pay period

Source: C.R.S. § 8-4-104
Official text: https://leg.colorado.gov/

Frequency of Payment

According to C.R.S. § 8-4-103:

Wages earned before 1st of month: Due no later than 10th day of same month

Wages earned after 1st of month: Due no later than 15th day of following month

Source: C.R.S. § 8-4-103
Official text: https://leg.colorado.gov/

Example:

  • Work performed March 1-15: Wages due by April 15
  • Work performed March 16-31: Wages due by April 15

Deductions from Wages

Permitted deductions:

According to C.R.S. § 8-4-105:

  1. Deductions required by law (federal/state taxes, court-ordered garnishments)
  2. Deductions authorized in writing by employee for employee benefit
  3. Deductions for recovery of cash advances or loans to employee
  4. Deductions for lost or damaged property (with specific requirements)

Source: C.R.S. § 8-4-105
Official text: https://leg.colorado.gov/

Prohibited deductions:

  • Uniforms or equipment required by employer
  • Business expenses
  • Cash register shortages if multiple employees have access
  • Breakage or damage without proper documentation and procedure

Lost/damaged property deductions:

Employer may deduct only if:

  • Employee signed written authorization at time damage occurred
  • Deduction does not reduce employee below minimum wage
  • Employer has written pre-authorization from employee (separate from employment application)
  • Employer provides employee with itemized statement

Source: 7 CCR 1103-1, Section 6
Available at: https://cdle.colorado.gov/

5.6 Equal Pay for Equal Work Act Compliance

Colorado’s Equal Pay for Equal Work Act imposes specific obligations on employers.

Job Posting Requirements

According to C.R.S. § 8-5-201:

Employers with one or more employees in Colorado must include in each job posting:

  1. Hourly or salary compensation (or range)
  2. General description of benefits and other compensation

Source: C.R.S. § 8-5-201
Official text: https://leg.colorado.gov/
Effective: January 1, 2021

“Job posting” includes:

  • External job postings
  • Internal promotional opportunities
  • Postings to internal or external job banks or websites

Remote positions:

If remote job could be performed by Colorado employee, must comply with posting requirements.

Promotional Opportunities

Employers must:

  • Make promotional opportunities known to all current employees on same calendar day and prior to making promotion decision
  • Include compensation and benefits information in promotion announcements

Source: C.R.S. § 8-5-201
Official text: https://leg.colorado.gov/

Career Advancement Opportunities

Employers must notify employees of:

  • Career progression opportunities
  • How to demonstrate interest in advancement

Pay Equity

Prohibited:

Paying employees of one sex less than employees of different sex for substantially similar work.

Source: C.R.S. § 8-5-102
Official text: https://leg.colorado.gov/

“Substantially similar work”:

Work that requires substantially similar:

  • Skill
  • Effort
  • Responsibility
  • Performed under similar working conditions

Permitted pay differences based on:

  • Seniority system
  • Merit system
  • System measuring earnings by quantity or quality of production
  • Bona fide factors other than sex (education, training, experience)

Recordkeeping

Employers must keep job description and wage records for each employee during employment plus two years after employment ends.

Source: C.R.S. § 8-5-107
Official text: https://leg.colorado.gov/

Enforcement

Complaints may be filed with Colorado Department of Labor and Employment, Division of Labor Standards and Statistics.

Contact:
303-318-8000
https://cdle.colorado.gov/dlss

Filing Complaints

6.1 When to File a Complaint

Employees should consider filing complaint when employer:

  • Fails to pay wages owed (including minimum wage, overtime)
  • Fails to provide required meal or rest breaks
  • Denies or retaliates for using paid sick leave
  • Discriminates based on protected class
  • Fails to provide reasonable accommodation
  • Retaliates for engaging in protected activity
  • Violates any other Colorado employment law

Important: Time limits apply to filing complaints. File promptly after violation.

6.2 Wage and Hour Complaints

Colorado Department of Labor and Employment

For complaints about:

  • Unpaid wages
  • Minimum wage violations
  • Overtime violations
  • Meal and rest break violations
  • Paid sick leave violations
  • Equal Pay for Equal Work Act violations
  • Final paycheck disputes

How to File:

Colorado Department of Labor and Employment
Division of Labor Standards and Statistics

Online complaint form:
https://cdle.colorado.gov/dlss/demands-complaints-responses-and-settlements

Phone:
303-318-8000

Mail: Colorado Department of Labor and Employment
Division of Labor Standards and Statistics
633 17th Street, Suite 600
Denver, CO 80202

Source: Colorado Department of Labor and Employment
Verification date: January 17, 2026

Investigation Process

  1. File complaint: Employee submits written complaint with details of violation
  2. Review: Division reviews complaint for jurisdiction and timeliness
  3. Employer notification: Employer notified of complaint and asked to respond
  4. Investigation: Division investigates allegations, reviews records
  5. Determination: Division makes finding and may issue order
  6. Payment or appeal: Employer pays or appeals to hearing officer
  7. Hearing: If appealed, hearing conducted
  8. Final order: Hearing officer or court issues final decision

Timeline: Investigations typically take several months.

Statute of Limitations

Wage claims must be filed within 2 years of wage payment violation (3 years if willful violation).

Source: C.R.S. § 8-4-109
Official text: https://leg.colorado.gov/

Remedies

If violation found, employer may owe:

  • Unpaid wages
  • Interest on unpaid wages
  • Penalties (50% of unpaid wages per day late, up to $2,000 maximum for final paycheck violations)
  • Attorney’s fees and costs

Source: C.R.S. § 8-4-109
Official text: https://leg.colorado.gov/

6.3 Discrimination Complaints

Colorado Civil Rights Division (CCRD)

For complaints about:

  • Discrimination based on protected class
  • Sexual harassment
  • Retaliation for opposing discrimination
  • Failure to provide reasonable accommodation
  • Discriminatory job advertisements

How to File:

Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, CO 80202

Phone: 303-894-2997 (local)
Toll-free: 800-262-4845
TTY: 711 (Relay Colorado)
Email: dora_ccrd@state.co.us

Online complaint filing:
https://ccrd.colorado.gov/

Source: Colorado Civil Rights Division
Verification date: January 17, 2026

Time Limit

Discrimination complaints must be filed within 300 days of alleged discriminatory act.

Source: C.R.S. § 24-34-306
Official text: https://leg.colorado.gov/

Critical: Missing deadline may bar claim permanently.

Investigation Process

  1. Intake: File charge of discrimination
  2. Service: Charge served on employer (respondent)
  3. Position statement: Employer provides written response
  4. Rebuttal: Employee may respond to employer’s position
  5. Investigation: CCRD investigates allegations
  6. Determination: Director determines if probable cause exists
  7. Mediation: If probable cause found, mandatory mediation attempted
  8. Hearing: If mediation fails, case may proceed to hearing before Colorado Civil Rights Commission

Timeline: 6-12 months typical, longer for complex cases

6.4 Federal Discrimination Complaints

Equal Employment Opportunity Commission (EEOC)

For complaints about federal discrimination laws:

  • Title VII (race, color, religion, sex, national origin)
  • ADA (disability)
  • ADEA (age 40+)
  • GINA (genetic information)
  • Pregnancy discrimination

Denver Field Office:

303 E. 17th Avenue, Suite 410
Denver, CO 80203

Phone: 303-866-1300
TTY: 800-669-6820

Online filing:
https://publicportal.eeoc.gov/Portal/Login.aspx

Source: Equal Employment Opportunity Commission
Verification date: January 17, 2026

Time Limit

Must file within 300 days of discriminatory act in Colorado (dual-filing state).

Source: EEOC procedures
Available at: https://www.eeoc.gov/filing-charge-discrimination

Dual Filing

Colorado has work-sharing agreement with EEOC. Filing with CCRD typically results in automatic cross-filing with EEOC, and vice versa.

6.5 OSHA Safety Complaints

Occupational Safety and Health Administration (OSHA)

For complaints about:

  • Workplace safety hazards
  • Health hazards
  • Retaliation for reporting safety concerns

How to File:

Online complaint:
https://www.osha.gov/workers/file-complaint

Phone:
Denver Area Office: 303-844-5285

Mail: OSHA Denver Area Office
1391 Speer Blvd., Suite 210
Denver, CO 80204

Source: Occupational Safety and Health Administration
Verification date: January 17, 2026

Confidentiality

OSHA will keep identity confidential upon request.

Timeline

OSHA whistleblower complaints must be filed within 30 days of retaliatory action.

Source: OSH Act Section 11(c)
Available at: https://www.osha.gov/

6.6 Private Lawsuits

When Available

Employees may file private lawsuits in Colorado courts for:

  • Breach of employment contract
  • Wrongful termination in violation of public policy
  • Discrimination (after receiving right-to-sue letter from CCRD or EEOC)
  • Wage claims
  • Other employment law violations

Statute of Limitations

Varies by claim type:

  • Contract claims: 3 years (written contract), 2 years (oral contract)
  • Tort claims: 2 years
  • Wage claims: 2 years (3 if willful)
  • Discrimination: 90 days after receiving right-to-sue letter from CCRD/EEOC

Source: Colorado statutes of limitations
Available at: https://leg.colorado.gov/

Consult attorney for specific statute of limitations applicable to claim.

6.7 Tips for Filing Complaints

Before Filing:

  1. Document everything:
    • Keep copies of pay stubs, timesheets, schedules
    • Save emails, texts, and other communications
    • Write down dates, times, witnesses for incidents
    • Take photos of workplace notices or conditions if relevant
  2. Follow internal procedures:
    • Report to supervisor, HR, or designated person
    • Use employer’s complaint procedure if available
    • Keep copies of all written complaints
  3. Know deadlines:
    • Wage complaints: 2 years (3 if willful)
    • Discrimination: 300 days
    • OSHA retaliation: 30 days
    • Check specific deadlines for your claim type

When Filing:

  1. Be specific:
    • Provide dates, times, locations
    • Name witnesses
    • Describe exactly what happened
    • Include amounts owed if wage claim
  2. Provide evidence:
    • Attach relevant documents
    • Provide contact information for witnesses
    • Reference any policies or laws violated
  3. Be truthful:
    • Provide accurate information
    • Correct any errors promptly
    • Do not exaggerate or omit important facts

After Filing:

  1. Cooperate with investigation:
    • Respond promptly to requests for information
    • Attend interviews or hearings as scheduled
    • Provide additional evidence if requested
  2. Keep records:
    • Save all correspondence from agency
    • Document any continuing violations
    • Note any retaliation
  3. Seek legal advice:
    • Consider consulting employment attorney
    • Many offer free or low-cost consultations
    • Attorney may be especially important if:
      • Claim is complex
      • Large amount at stake
      • Retaliation occurs
      • Employer has attorney

6.8 Complaint Filing Quick Reference

Unpaid wages, breaks, overtime:

Discrimination, harassment:

Federal discrimination:

Safety violations:

Remote Work in Colorado

7.1 Overview of Remote Work in Colorado

Remote work, also called telework or work-from-home, has become increasingly common. Colorado employment laws generally apply to remote workers the same as on-site employees.

Key Principle: Location of employer or where work is performed determines which laws apply.

If employee performs work in Colorado:

  • Colorado employment laws apply
  • Colorado minimum wage applies
  • Colorado paid sick leave applies
  • Colorado meal and rest break requirements apply
  • Colorado anti-discrimination laws apply

7.2 Wage and Hour Issues for Remote Work

Minimum Wage

Remote employees working in Colorado must be paid at least Colorado minimum wage ($15.16/hour in 2026), even if employer is located in another state.

Source: Colorado COMPS Order, 7 CCR 1103-1
Available at: https://cdle.colorado.gov/

Local minimum wages:

If remote employee’s regular work location is within Denver, Boulder, Boulder County (unincorporated), or Edgewater, applicable local minimum wage applies.

Timekeeping

Employers must accurately track hours worked by remote employees, including:

  • Regular hours
  • Overtime hours
  • Meal and rest breaks

No “rounding” that consistently disadvantages employees.

Source: Federal Fair Labor Standards Act and Colorado wage laws

Overtime

Remote employees are entitled to overtime (Colorado daily and weekly) unless exempt.

Common issue: Employer must have system to know when remote employee works over 40 hours/week or 12 hours/day.

Meal and Rest Breaks

Remote employees in Colorado are entitled to:

  • 30-minute unpaid meal break after 5 hours
  • 10-minute paid rest break for each 4 hours worked

Source: Colorado COMPS Order, 7 CCR 1103-1, Sections 4.1-4.2
Available at: https://cdle.colorado.gov/

Employer responsibility:

  • Inform remote employees of break rights
  • Ensure employees take required breaks
  • Have policy allowing and encouraging breaks

Reimbursement of Business Expenses

Federal law: Does not require reimbursement of business expenses.

Colorado law: No general statute requiring reimbursement of remote work expenses (internet, phone, equipment).

However:

Employer cannot require employee to pay expenses that would reduce employee’s pay below minimum wage.

Best practice: Clear written policy on what employer provides or reimburses for remote work.

7.3 Paid Sick Leave for Remote Workers

Remote employees working in Colorado are entitled to paid sick leave under Healthy Families and Workplaces Act.

Accrual: 1 hour per 30 hours worked (up to 48 hours/year)

Uses: Same as on-site employees, including:

  • Employee’s own illness
  • Care for family member
  • Public health emergency closures
  • Bereavement
  • Other permitted uses

Source: C.R.S. § 8-13.3-401 et seq.
Official text: https://leg.colorado.gov/

Notice requirements for remote workers:

Employer must provide paid sick leave notice electronically if no physical workplace.

Source: C.R.S. § 8-13.3-408
Official text: https://leg.colorado.gov/

7.4 Workers’ Compensation for Remote Workers

Remote employees injured while performing work duties may be covered by workers’ compensation.

Coverage depends on:

  • Whether injury arose out of employment
  • Whether injury occurred in course of employment
  • Specific facts of incident

Examples of potential coverage:

  • Injury while working at home during work hours
  • Repetitive stress injury from work tasks
  • Fall while retrieving work materials

Generally NOT covered:

  • Injury during personal break
  • Injury in home area not designated for work
  • Injury from personal activity

Source: Colorado Workers’ Compensation Act
Information: https://cdle.colorado.gov/dwc

7.5 Discrimination and Accommodation for Remote Workers

Anti-discrimination laws apply equally to remote workers.

Protected classes:

Same as on-site employees (race, sex, age, disability, religion, etc.).

Source: C.R.S. § 24-34-402
Official text: https://leg.colorado.gov/

Reasonable Accommodations

Remote work itself may be reasonable accommodation for employee with disability.

Interactive process:

Employer must engage in interactive process to determine if remote work is feasible accommodation, considering:

  • Essential functions of job
  • Whether duties can be performed remotely
  • Technology and communication needs
  • Supervision and collaboration requirements
  • Confidentiality and security considerations

Source: ADA and CADA requirements

Employer cannot:

  • Automatically deny remote work as accommodation
  • Assume job cannot be done remotely without analysis
  • Require in-person work if remote work is reasonable accommodation

7.6 Workplace Postings for Remote Workers

Electronic posting requirement:

For remote workers without access to physical workplace, employer must provide required workplace notices electronically.

According to 7 CCR 1103-1, Section 4.1.3(B):

“If the work site or other conditions make a physical posting of the ‘Colorado Workplace Public Health Rights Poster’ impractical (including remote work, private residences employing only one worker, and certain entirely outdoor work sites lacking an indoor area), the employer or principal shall provide a copy of the poster to each employee or worker within their first month of work, including through (if information is customarily disseminated to the employees or workers through these means) either electronic communication or conspicuous posting in a web-based platform.”

Source: 7 CCR 1103-1, Section 4.1.3
Available at: https://cdle.colorado.gov/

Methods:

  • Email PDF posters to remote employees
  • Post on internal website or intranet
  • Include in employee portal
  • Provide during onboarding

Required posters:

  • COMPS Order poster
  • Colorado Workplace Public Health Rights Poster
  • Notice of Paydays
  • All federal posters

7.7 Right to Request Remote Work

Colorado does not have statute creating general right to request remote work.

Source: Search of Colorado Revised Statutes
Date: January 17, 2026
Result: No general right-to-request law found

However:

  1. As reasonable accommodation:
    • Employees with disabilities may request remote work as accommodation
    • Employer must engage in interactive process
    • Cannot deny without showing undue hardship
  2. Under employer policy:
    • Employer may have remote work policy
    • Policy may create contractual rights
  3. As negotiated benefit:
    • Remote work may be negotiated term of employment
    • May be included in employment contract

7.8 Return-to-Office (RTO) Mandates

Employers generally may require return to office unless:

  1. Contractual obligation:
    • Employment contract guarantees remote work
    • Collective bargaining agreement requires remote work option
  2. Reasonable accommodation:
    • Employee has disability requiring remote work
    • Remote work is reasonable accommodation
    • Employer cannot show undue hardship
  3. Discriminatory or retaliatory:
    • RTO mandate applied discriminatorily based on protected class
    • RTO mandate is retaliation for protected activity

2026 Updates and Recent Changes

8.1 Minimum Wage Increases

State Minimum Wage

Effective January 1, 2026:

Colorado’s statewide minimum wage increased from $14.81 to $15.16 per hour.

Source: Colorado Department of Labor and Employment
Constitutional authority: Colorado Constitution Article XVIII, Section 15
PAY CALC Order: 7 CCR 1103-14
Official notice: https://cdle.colorado.gov/dlss
Published: September 30, 2025

Adjustment method:

Annual increase based on Consumer Price Index for Denver-Aurora-Lakewood metropolitan statistical area.

Tipped minimum wage:

Increased from $11.79 to $12.14 per hour (state minimum minus $3.02 tip credit).

Source: Colorado PAY CALC Order 2026
Available at: https://cdle.colorado.gov/sites/cdle/files/proposed_2026_pay_calc_order_7_ccr_1103-14_9.30.25.pdf

Local Minimum Wage Increases

Denver City and County:

  • General minimum: $19.29/hour (increased from $18.81)
  • Tipped minimum: $16.27/hour (increased from $15.79)
  • Effective: January 1, 2026

Source: City and County of Denver
Official information: https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor/Citywide-Minimum-Wage/

City of Boulder:

  • General minimum: $16.82/hour (increased from $15.57)
  • Tipped minimum: $13.80/hour (increased from $12.55)
  • Effective: January 1, 2026

Source: City of Boulder
Official information: https://bouldercolorado.gov/local-minimum-wage

Boulder County (unincorporated areas):

  • General minimum: $16.82/hour (increased from $16.57)
  • Tipped minimum: $13.80/hour (increased from $13.55)
  • Effective: January 1, 2026

Source: Boulder County
Official information: https://bouldercounty.gov/departments/commissioners/local-minimum-wage/

City of Edgewater:

  • General minimum: $18.17/hour (increased from $16.52)
  • Tipped minimum: $13.50/hour (unchanged)
  • Effective: January 1, 2026
  • Note: Edgewater increased tip offset to $4.67 per hour under authority of House Bill 25-1208

Source: City of Edgewater Ordinance 2025-23
Passed: December 16, 2025

8.2 Exempt Employee Salary Thresholds

Executive, Administrative, and Professional Exemptions

New 2026 thresholds for overtime exemption:

To be exempt from overtime, executive, administrative, and professional employees must earn annual salary of at least $65,603.20 (increased from $63,550 in 2025).

Weekly equivalent: $1,261.60 per week

Source: Colorado PAY CALC Order 2026, 7 CCR 1103-14
Available at: https://cdle.colorado.gov/sites/cdle/files/proposed_2026_pay_calc_order_7_ccr_1103-14_9.30.25.pdf

Important: Salary threshold alone does not determine exemption. Employee must also meet duties test.

For duties tests: Review 7 CCR 1103-1 (COMPS Order) and federal regulations at 29 C.F.R. § 541.

8.3 Colorado FAMLI Program Updates

Premium Rate Reduction

Effective January 1, 2026:

Colorado Family and Medical Leave Insurance (FAMLI) program premium rate decreased from 0.9% to 0.88% of employee wages.

Source: Colorado Senate Bill 25-144, passed May 30, 2025
Official information: https://famli.colorado.gov/

Cost sharing:

  • Employer portion: up to 0.44%
  • Employee portion: up to 0.44%

Employers with fewer than 10 employees not required to contribute employer portion.

NICU Care Leave Expansion

New benefit effective January 1, 2026:

Eligible employees may take up to additional 12 weeks of FAMLI leave (total 24 weeks) to care for newborn in Neonatal Intensive Care Unit (NICU) or requiring high level of care.

Source: Colorado Senate Bill 25-144
Effective date: January 1, 2026
Official information: https://famli.colorado.gov/

Key details:

  • NICU leave is in addition to bonding leave
  • Does not reduce entitlement to other types of FAMLI leave
  • Parents who provided NICU care before January 1, 2026 not precluded from receiving benefits

Expanded Definition of “Care”

New regulatory definition effective 2026:

“Care” means “assistance with basic medical, hygienic, nutritional, safety, transportation needs, physical care, or psychological comfort.”

Source: 7 C.C.R. 1107-3-3.4(6)
Official information: https://famli.colorado.gov/

8.4 Gender Identity Protections – Kelly Loving Act

Effective May 16, 2025 (applicable in 2026):

House Bill 25-1312 (Kelly Loving Act) prohibits:

  • Deadnaming: Using transgender person’s former name
  • Misgendering: Using incorrect pronouns for transgender person

Source: H.B. 25-1312, 75th Gen. Assemb., Reg. Sess. (Colo. 2025)
Effective date: May 16, 2025

Amended CADA to define “chosen name”:

“A name that an individual requests to be known as in connection to the individual’s disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, so long as the name does not contain offensive language and the individual is not requesting the name for frivolous purposes.”

Employer obligation:

Use employee’s chosen name and correct pronouns in workplace, subject to limited exceptions for non-frivolous purposes.

Source: Amendments to C.R.S. § 24-34-301 and § 24-34-402

8.5 Required Poster Updates

Updated COMPS Order Poster

All employers must display 2026 COMPS Order poster reflecting:

  • New minimum wage ($15.16/hour)
  • New tipped minimum wage ($12.14/hour)
  • Updated exempt salary thresholds ($65,603.20/year)

Source: Colorado Department of Labor and Employment
2026 poster (English): https://cdle.colorado.gov/sites/cdle/files/2026_comps_order_poster_english_%5Baccessible%5D.pdf
2026 poster (Spanish): https://cdle.colorado.gov/sites/cdle/files/2026_spanish_comps_poster_accessible.pdf
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Deadline: January 1, 2026

Updated Notice of Paydays

New version released September 2025 includes:

  • Three QR codes linking to labor law information in English and Spanish
  • Updated formatting
  • Links to required labor law posters

Source: Colorado Department of Labor and Employment
Updated poster: https://cdle.colorado.gov/sites/cdle/files/notice_of_paydays_poster_9.3.25_accessible.pdf
Available at: https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Local Minimum Wage Posters

Employers in Denver, Boulder, Boulder County, and Edgewater must update local minimum wage notices reflecting 2026 rates.

Denver: https://denvergov.org/
Boulder: https://bouldercolorado.gov/
Boulder County: https://bouldercounty.gov/
Edgewater: https://www.edgewaterco.gov/

8.6 Paid Sick Leave Expansion – Reminder

Fully implemented as of January 1, 2024:

Colorado Healthy Families and Workplaces Act expanded effective August 7, 2023 to include additional permitted uses:

  • Bereavement (attending funeral, grieving, financial/legal matters)
  • Inclement weather/unexpected event closures (school/care facility closures, evacuations)

Source: C.R.S. § 8-13.3-404(5), as amended June 2, 2023
Official text: https://leg.colorado.gov/

Reminder: All Colorado employers must provide paid sick leave, regardless of size (effective January 1, 2022).

8.7 How to Stay Updated on Law Changes

Official Government Sources

Colorado Department of Labor and Employment:

Colorado General Assembly:

Colorado Civil Rights Division:

Quarterly Review Recommended

For 2026, check for updates:

  • January 1: Annual minimum wage adjustments, new laws taking effect
  • April 1: Q1 review of any mid-quarter changes
  • July 1: Mid-year review, many laws take effect July 1
  • October 1: Q3 review, prepare for year-end changes

Professional Resources

Consult employment attorney for:

  • Complex compliance questions
  • Interpretation of new laws
  • Policy development
  • Specific legal advice

Industry associations may provide:

  • Compliance updates
  • Training seminars
  • Best practice guidance

Resources

10.1 Colorado State Government Agencies

Colorado Department of Labor and Employment (CDLE)

Main Office:
633 17th Street, Suite 600
Denver, CO 80202
Phone: 303-318-8000
Website: https://cdle.colorado.gov/

Division of Labor Standards and Statistics (DLSS)

Wage and Hour Enforcement, Paid Sick Leave, Equal Pay
Phone: 303-318-8000
Email: cdle_labor_standards@state.co.us
Website: https://cdle.colorado.gov/dlss
File Complaint: https://cdle.colorado.gov/dlss/demands-complaints-responses-and-settlements

Colorado Civil Rights Division (CCRD)

Employment Discrimination, Harassment, Reasonable Accommodations
1560 Broadway, Suite 1050
Denver, CO 80202
Phone: 303-894-2997 (local)
Toll-free: 800-262-4845
TTY: 711 (Relay Colorado)
Email: dora_ccrd@state.co.us
Website: https://ccrd.colorado.gov/
File Complaint: https://ccrd.colorado.gov/

Division of Workers’ Compensation

Workplace Injuries and Illnesses
1515 Arapahoe Street, Tower 2, Suite 500
Denver, CO 80202
Phone: 303-318-8700
Toll-free: 888-390-7936
Website: https://cdle.colorado.gov/dwc

Division of Unemployment Insurance

Unemployment Benefits
251 E. 12th Avenue
Denver, CO 80203
Phone: 303-318-9000
Website: https://cdle.colorado.gov/unemployment

Colorado FAMLI Division

Family and Medical Leave Insurance
633 17th Street, Suite 201
Denver, CO 80202
Phone: 866-CO-FAMLI (866-263-2654)
Website: https://famli.colorado.gov/
Email: CDLE_FAMLI_info@state.co.us

Colorado General Assembly

Legislative Information, Statutes
200 E. Colfax Avenue
Denver, CO 80203
Phone: 303-866-2904
Website: https://leg.colorado.gov/
Bill Search: https://leg.colorado.gov/bills
Colorado Revised Statutes: https://leg.colorado.gov/colorado-revised-statutes

10.2 Federal Government Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

Denver Field Office
303 E. 17th Avenue, Suite 410
Denver, CO 80203
Phone: 303-866-1300
Toll-free: 800-669-4000
TTY: 800-669-6820
Website: https://www.eeoc.gov/
File Charge: https://publicportal.eeoc.gov/Portal/Login.aspx

U.S. Department of Labor (DOL)

Wage and Hour Division – Denver District Office
1999 Broadway, Suite 1690
Denver, CO 80202
Phone: 720-264-3250
Toll-free: 866-487-9243
Website: https://www.dol.gov/agencies/whd
File Complaint: https://www.dol.gov/agencies/whd/contact/complaints

Occupational Safety and Health Administration (OSHA)

Denver Area Office
1391 Speer Blvd., Suite 210
Denver, CO 80204
Phone: 303-844-5285
Website: https://www.osha.gov/
File Complaint: https://www.osha.gov/workers/file-complaint

National Labor Relations Board (NLRB)

Denver Regional Office
Republic Plaza
370 17th Street, Suite 2100
Denver, CO 80202
Phone: 303-844-3551
Website: https://www.nlrb.gov/

U.S. Citizenship and Immigration Services (USCIS)

Form I-9, E-Verify
Website: https://www.uscis.gov/
I-9 Central: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov/

10.3 Key Publications and Guidance

Colorado Department of Labor and Employment Publications:

Colorado Overtime and Minimum Pay Standards (COMPS) Order
https://cdle.colorado.gov/sites/cdle/files/2026_comps_order_poster_english_%5Baccessible%5D.pdf

Interpretive Notices and Formal Opinions (INFO)
https://cdle.colorado.gov/dlss/labor-laws-rules-resources/labor-law-guidance-education

Labor Law Posters
https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters

Colorado Wage Act
https://cdle.colorado.gov/dlss/labor-laws-rules-resources/labor-statutes

Healthy Families and Workplaces Act Guidance
https://cdle.colorado.gov/dlss/labor-laws-by-topic/wage-and-hour-laws-including-paid-sick-leave

Equal Pay for Equal Work Act Information
https://cdle.colorado.gov/dlss/labor-laws-by-topic/equal-pay-for-equal-work-act

EEOC Publications:

Know Your Rights: Workplace Discrimination is Illegal
https://www.eeoc.gov/poster

What You Should Know: The Pregnant Workers Fairness Act
https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act

Enforcement Guidance on Reasonable Accommodation
https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Religious Accommodation Guidance
https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

U.S. Department of Labor Publications:

Fair Labor Standards Act (FLSA) Overview
https://www.dol.gov/agencies/whd/flsa

Fact Sheets on FLSA Topics
https://www.dol.gov/agencies/whd/fact-sheets

Family and Medical Leave Act (FMLA) Information
https://www.dol.gov/agencies/whd/fmla

Workplace Posters
https://www.dol.gov/agencies/whd/posters

10.4 Legal Assistance Resources

Finding Legal Representation:

For legal advice or representation, individuals may:

  • Contact private employment law attorneys
  • Search online legal directories
  • Ask for referrals from other attorneys
  • Check attorney credentials through official sources

Note: This guide does not provide referrals to specific attorneys or organizations. Verify credentials and qualifications of any legal professional before retaining services.

10.5 Additional Resources

Local Minimum Wage Information:

City and County of Denver
https://denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Auditors-Office/Denver-Labor/Citywide-Minimum-Wage/

City of Boulder
https://bouldercolorado.gov/local-minimum-wage

Boulder County
https://bouldercounty.gov/departments/commissioners/local-minimum-wage/

City of Edgewater
https://www.edgewaterco.gov/

Workers’ Compensation Insurance:

Information on workers’ compensation insurance requirements and providers available from:

Colorado Division of Workers’ Compensation
Website: https://cdle.colorado.gov/dwc
Phone: 303-318-8700

Unemployment Insurance:

File for unemployment benefits:
https://cdle.colorado.gov/unemployment
MyUI Claimant: https://myui.coworkforce.com/

FAMLI Benefits:

Apply for family and medical leave:
https://famli.colorado.gov/
Phone: 866-CO-FAMLI (866-263-2654)

10.6 Staying Updated

Subscribe to Updates:

Colorado Department of Labor and Employment
Email Updates: https://cdle.colorado.gov/
Social Media: Follow @ColoradoLabor on Twitter/X

EEOC
Email Updates: https://www.eeoc.gov/
Social Media: Follow @EEOC

U.S. Department of Labor
Email Updates: https://www.dol.gov/
Social Media: Follow @USDOL

Check Regularly:

Colorado legislative session (January – May): https://leg.colorado.gov/
CDLE rule-making: https://cdle.colorado.gov/
Federal regulations: https://www.regulations.gov/

Consult Professionals:

For complex situations or specific legal advice:

  • Licensed Colorado employment attorney
  • Human resources professional
  • Certified public accountant (for wage/tax issues)

Frequently Asked Questions - Colorado Employment Law

1. What is employment law in Colorado?

Employment law in Colorado is the legal framework governing the relationship between employers and employees in the state. It includes state laws passed by the Colorado General Assembly, regulations issued by state agencies like the Colorado Department of Labor and Employment, federal laws that apply in Colorado, and court decisions interpreting these laws. Employment law covers wages and hours, discrimination and harassment, workplace safety, employee benefits, hiring and termination, and employer compliance obligations.

Colorado employment law is enforced primarily by the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics for wage and hour issues, and the Colorado Civil Rights Division for discrimination matters. Federal employment laws are enforced by agencies including the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the Occupational Safety and Health Administration.

2. What is the difference between labor law and employment law?

Employment law is the broader legal framework that governs individual employment relationships between employers and employees. It applies to all workplaces in Colorado, whether unionized or not, and covers topics including minimum wage, overtime, discrimination, reasonable accommodations, paid sick leave, and workplace safety.

Labor law is a subset of employment law that specifically addresses collective workplace relationships and union activities. Labor law covers union organizing and elections, collective bargaining between employers and unions, union-management relations, strikes and picketing, and grievance procedures under collective bargaining agreements. Labor law primarily applies in unionized workplaces or where union organizing occurs. For most Colorado employees in non-unionized workplaces, employment law is the relevant framework.

3. Is Colorado an at-will employment state?

Yes, Colorado follows the employment-at-will doctrine. This means that in the absence of a contract to the contrary, either the employer or the employee may terminate the employment relationship at any time, for any reason or no reason, without advance notice. However, there are important exceptions. Employers cannot terminate employees for discriminatory reasons based on protected classes such as race, sex, age, disability, or religion. Termination cannot violate public policy, such as firing someone for filing a workers’ compensation claim or serving on a jury. Employment contracts, collective bargaining agreements, or employee handbooks may limit at-will employment. Various federal and state statutes prohibit retaliation for engaging in protected activities.

The at-will doctrine means neither party needs to provide advance notice of termination or resignation, and neither party needs to provide a reason for separation. However, it does not mean employers can terminate employees for illegal reasons.

4. What is Colorado’s minimum wage for 2026?

Colorado’s statewide minimum wage for 2026 is $15.16 per hour, effective January 1, 2026. This represents an increase of $0.35 from the 2025 minimum wage of $14.81 per hour. The minimum wage adjusts annually based on the Consumer Price Index for the Denver-Aurora-Lakewood metropolitan statistical area, as required by Colorado Constitution Article XVIII, Section 15.

For tipped employees, the minimum wage is $12.14 per hour, which is the state minimum wage minus the maximum tip credit of $3.02. However, several Colorado cities have higher local minimum wages. Denver’s minimum wage is $19.29 per hour ($16.27 for tipped workers). Boulder’s minimum wage is $16.82 per hour ($13.80 for tipped workers). Boulder County (unincorporated areas) has a minimum wage of $16.82 per hour ($13.80 for tipped workers). Edgewater’s minimum wage is $18.17 per hour ($13.50 for tipped workers). Employers must pay whichever minimum wage is highest: federal, state, or local.

5. Does Colorado require overtime pay?

Yes, Colorado requires overtime pay under the Colorado Overtime and Minimum Pay Standards (COMPS) Order. Colorado law requires overtime at one and one-half times the regular rate for hours worked over 40 in a workweek and hours worked over 12 in a workday. Additionally, employees working more than 12 consecutive hours receive double time for hours beyond 12 consecutive hours.

Federal law under the Fair Labor Standards Act requires overtime only for hours over 40 in a workweek, so Colorado provides greater protection with its daily overtime requirement. Certain employees are exempt from overtime requirements, including executive, administrative, and professional employees who meet both salary and duties tests. For 2026, the minimum salary for these exemptions is $65,603.20 annually. Employers must comply with both federal and Colorado overtime laws, applying whichever law provides greater protection to the employee.

6. What are Colorado’s meal and rest break requirements?

Colorado requires employers to provide both meal breaks and rest breaks to most employees. Employees must receive an uninterrupted and duty-free meal period of at least 30 minutes when the scheduled work shift exceeds 5 consecutive hours. The meal break must be provided within the first 5 hours of the shift, and employees must be completely relieved of all duties during this time. If employees are not relieved of duties, the meal period must be paid.

For rest breaks, Colorado requires a compensated 10-minute rest period for each 4 hours of work, or major fraction thereof. Colorado law specifies that rest breaks are to be provided in the middle of each 4-hour work period to the extent practical. Rest breaks are paid time. These requirements are established in the Colorado COMPS Order, 7 CCR 1103-1, Sections 4.1 and 4.2. Federal law does not require meal or rest breaks for adult employees, so Colorado law provides greater protections than federal requirements.

7. What are my rights as an employee in Colorado?

Colorado employees have numerous rights under state and federal law. You have the right to be paid at least minimum wage for all hours worked and overtime pay for hours over 40 per week and over 12 per day. You have the right to meal breaks after 5 hours and paid rest breaks every 4 hours. You are entitled to paid sick leave, accruing at least 1 hour for every 30 hours worked, up to 48 hours per year.

You have the right to be free from discrimination based on protected classes including race, sex, age, disability, religion, sexual orientation, gender identity, and others. You have the right to reasonable accommodations for disabilities, pregnancy, and religious beliefs. You are protected from retaliation for opposing discrimination, requesting accommodations, filing complaints, discussing wages, or engaging in other protected activities. You have the right to a safe workplace under OSHA regulations. You have the right to access certain personnel records. If you believe your rights have been violated, you can file complaints with the Colorado Department of Labor and Employment, Colorado Civil Rights Division, EEOC, or OSHA, depending on the type of violation.

8. Can my employer fire me for any reason in Colorado?

Not exactly. While Colorado is an at-will employment state, meaning employers can generally terminate employees without providing a reason, there are significant exceptions. Your employer cannot fire you for discriminatory reasons based on protected classes such as race, color, sex, pregnancy, sexual orientation, gender identity, religion, age (40+), disability, national origin, or other protected characteristics under the Colorado Anti-Discrimination Act and federal laws.

Your employer cannot terminate you in violation of public policy, such as firing you for filing a workers’ compensation claim, serving on a jury, refusing to commit an illegal act, or engaging in lawful off-duty activities. Your employer cannot retaliate against you for requesting or using paid sick leave, discussing wages, requesting reasonable accommodations, filing discrimination complaints, or opposing discriminatory practices. If you have an employment contract or are covered by a collective bargaining agreement, those documents may provide additional protections against termination. Employee handbooks may also create contractual limitations on at-will employment.

9. How do I file a discrimination complaint in Colorado?

To file a discrimination complaint in Colorado, individuals may file with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC), depending on whether claiming violations of state or federal law, or both.

For CCRD complaints, contact them at 303-894-2997 (local) or 800-262-4845 (toll-free), file online at https://ccrd.colorado.gov/, or mail a complaint to 1560 Broadway, Suite 1050, Denver, CO 80202. You must file within 300 days of the discriminatory act.

For EEOC complaints, contact the Denver Field Office at 303-866-1300, file online at https://publicportal.eeoc.gov/Portal/Login.aspx, or visit the office at 303 E. 17th Avenue, Suite 410, Denver, CO 80203. You must file within 300 days in Colorado. Because Colorado has a work-sharing agreement with the EEOC, filing with one agency typically results in cross-filing with the other.

When filing, provide specific information including dates, times, witnesses, and details of the discriminatory actions. Bring documentation such as emails, performance reviews, or other evidence. The agency will investigate your complaint, and if probable cause is found, will attempt mediation. If mediation is unsuccessful, the case may proceed to a hearing.

10. Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation if you have a disability and remote work would enable you to perform the essential functions of your job. Under the Americans with Disabilities Act and the Colorado Anti-Discrimination Act, employers must engage in an interactive process to determine if remote work is a reasonable accommodation.

Your employer cannot automatically deny remote work without analyzing whether it’s feasible. Factors to consider include whether the job’s essential functions can be performed remotely, what technology and communication tools are needed, how supervision and collaboration would work, and whether there are confidentiality or security concerns. Your employer must provide reasonable accommodation unless it causes undue hardship, which means significant difficulty or expense.

To request remote work as an accommodation, inform your employer of your disability and explain that you need remote work as an accommodation. Be prepared to provide medical documentation if requested, though employers cannot require disclosure of your complete medical history. Engage in good faith in the interactive process to explore whether remote work or other accommodations would be effective. If your employer denies your request, they must explain why remote work causes undue hardship. If you believe your request was improperly denied, you can file a complaint with the Colorado Civil Rights Division or EEOC.

11. What are employer obligations in Colorado?

Colorado employers have numerous legal obligations. Employers must pay at least minimum wage (state, federal, or local, whichever is highest) for all hours worked. They must pay overtime for hours over 40 per week and over 12 per day. Employers must provide 30-minute meal breaks after 5 hours and 10-minute paid rest breaks every 4 hours.

Employers must provide paid sick leave to all employees, with accrual of at least 1 hour per 30 hours worked. They must comply with anti-discrimination laws and not discriminate based on protected classes. Employers must provide reasonable accommodations for disabilities, pregnancy, and religious beliefs. They must post required state and federal workplace notices in conspicuous locations.

Employers must report new hires to the Colorado State Directory within 20 days. They must complete Form I-9 for all employees within 3 business days of hire. Employers must maintain accurate payroll records for at least 3 years and paid sick leave records for 2 years. They must include compensation and benefits information in job postings. Employers must pay wages on regular paydays and provide final paychecks according to statutory timelines. They must maintain workers’ compensation insurance coverage. Violations of these obligations can result in penalties, fines, and legal liability.

12. What posters are employers required to display in Colorado?

Colorado employers must display several state and federal posters in conspicuous locations where employees can see them. Required state posters include the Colorado Overtime and Minimum Pay Standards (COMPS) Order poster showing 2026 minimum wage, overtime rules, and break requirements. Employers must post the Colorado Workplace Public Health Rights poster covering paid sick leave and whistleblower protections. The Notice of Paydays poster must show regular paydays and payment locations.

Required federal posters include the Fair Labor Standards Act (FLSA) poster, the Equal Employment Opportunity (EEO) “Know Your Rights” poster, the OSHA “Job Safety and Health” poster, the Employee Polygraph Protection Act poster, and USERRA poster. Employers with 50 or more employees must also post the Family and Medical Leave Act (FMLA) poster.

Employers in Denver, Boulder, Boulder County (unincorporated), or Edgewater must also post local minimum wage notices. All posters must be displayed in areas frequented by employees such as break rooms, near time clocks, or on employee bulletin boards. For remote workers, employers must provide posters electronically within the first month of employment. Posters are available for free download from the Colorado Department of Labor and Employment website at https://cdle.colorado.gov/dlss/labor-laws-rules-resources/posters and from the U.S. Department of Labor website at https://www.dol.gov/agencies/whd/posters.

13. What records must employers keep in Colorado?

Colorado employers must maintain several types of employment records. Payroll records must be kept for at least 3 years and include employee names, addresses, Social Security numbers, dates of birth for minors, occupations, hours worked each day and week, regular and overtime rates of pay, total wages paid each period, and deductions.

Paid sick leave records must be kept for 2 years and document hours worked, paid sick leave accrued, and paid sick leave used. Form I-9 employment eligibility verification documents must be kept for 3 years after hire or 1 year after employment ends, whichever is later, and must be stored separately from personnel files.

Personnel files should be retained for at least 3 years after termination and may include job applications, offer letters, employment contracts, performance evaluations, disciplinary records, and termination documentation. Medical records, including disability accommodation requests, FMLA certifications, and workers’ compensation records, must be kept confidential in separate files and retained for the duration of employment plus 1 year. Equal Pay for Equal Work Act requires keeping job descriptions and wage records for 2 years after employment ends. Failure to maintain required records can result in penalties and presumptions against the employer in wage and discrimination claims.

14. Does Colorado require employers to provide paid sick leave?

Yes, Colorado requires all employers to provide paid sick leave under the Healthy Families and Workplaces Act (HFWA), regardless of employer size. All employees are covered, including full-time, part-time, temporary, and seasonal workers. Employees accrue paid sick leave at a rate of at least 1 hour for every 30 hours worked. Employers may cap accrual and use at 48 hours per year. Employees may carry over up to 48 hours of unused leave to the next year, though annual use can still be capped at 48 hours.

Employees may use paid sick leave for their own illness or injury, including mental health; caring for a family member’s illness or injury; medical appointments and preventive care; issues related to being a victim of domestic violence, sexual assault, or stalking; public health emergency closures of workplace or child’s school; bereavement after a family member’s death; and closures due to inclement weather or unexpected events.

Paid sick leave must be paid at the employee’s regular rate and can be used in increments as small as one hour. Employers cannot require documentation for absences of four workdays or fewer. Employers cannot retaliate against employees for requesting or using paid sick leave. Employers must post a notice about paid sick leave rights and maintain records of accrual and use for 2 years. Violations can be reported to the Colorado Department of Labor and Employment.

15. What protections exist for remote workers in Colorado?

Remote workers in Colorado are protected by the same employment laws as on-site employees. If work is performed in Colorado, Colorado employment laws apply regardless of where the employer is located. Remote workers must be paid at least Colorado’s minimum wage of $15.16 per hour in 2026, or the applicable local minimum wage if their work location is in Denver, Boulder, Boulder County, or Edgewater.

Remote workers are entitled to overtime pay for hours over 40 per week and over 12 per day. They must receive 30-minute meal breaks after 5 hours and 10-minute paid rest breaks every 4 hours. Remote workers are entitled to paid sick leave, accruing 1 hour per 30 hours worked up to 48 hours per year. They are protected from discrimination based on protected classes and entitled to reasonable accommodations for disabilities, pregnancy, and religious beliefs.

Employers must provide required workplace notices electronically to remote workers within their first month of employment. Remote workers injured while performing job duties may be covered by workers’ compensation. Employers must accurately track remote workers’ hours, including overtime, and cannot require employees to pay for business expenses that would reduce their pay below minimum wage. Remote work may be requested as a reasonable accommodation for disabilities, and employers must engage in the interactive process to determine if it’s feasible. Employers generally may require return to office unless the employee has a contractual right to remote work or needs it as a reasonable accommodation.

Others

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California

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current