Employees in Denver and other parts of Colorado enjoy protection under federal, state and local laws. Employees enjoy protections under wage laws, labor organizing laws, anti-employment discrimination laws, worker safety laws, benefit plan laws, worker’s compensation, contract law, medical leave laws and a variety of other statutes and regulations. On several areas of labor and employment law, an employee’s claim may fall under both federal and state law. Colorado employment lawyers understand the fit between these laws and how to best represent their clients claims. Filing claims under federal or state law can dictate what courts a worker can enter. Which court hears an employee’s case may affect the available remedies, the available jury pool and other factors that affect the worker’s probability of a successful claim.
Colorado Revised Statutes Title 8: Labor and Industry
Most Colorado labor and employment laws exist within Colorado Revised Statutes title 8. This includes wage and hour laws, workers compensation and the Colorado unemployment benefits system. Like most states, the wage and hour sections of the Colorado Revised Statutes contains some provisions that mirror federal wage and hour laws but also includes provisions expanding upon federal law. The Colorado Revised Statutes provides greater specification on the timing and method of wage payments, such as payroll deductions, pay dates, pay frequency and payment of wages after termination. Workers compensation and unemployment benefits are solely state law issues.
Colorado Revised Statutes Title 24: Government
Title 24, Article 34 of the Colorado Revised Statutes (C.R.S. 24-34-401 et seq) includes the Colorado state law prohibiting employment discrimination. Title 24 of the Colorado Revised Statutes makes it unlawful for an employer, employment agency, or labor union to discriminate on the basis of:
- National origin
- Sexual orientation
- Pregnancy and childbirth
The protected classes of employees under Colorado law closely mirrors federal law with the exception that it specifically prohibits sexual orientation. Currently federal courts hold that sexual orientation is not prohibited by Title VII of the Civil Rights Act or any other federal anti-discrimination law. Colorado law closely follows the meanings and usage of reasonable accommodations, harassment and retaliation related to employment discrimination.
Additional protections for employees under Title 24
This title of the Colorado Revised Statutes also prohibits employers from discharging employees for off premises work activity unless that activity is closely related to a bona fide occupational requirement or the activity would create a conflict of interest for the employer.
Additionally, this section of the Colorado Revised Statutes protects the right to three days of leave for the victim of domestic abuse or sexual assault for medical care, seeking legal help, or protecting himself or herself from further abuse.
A claim under Title 24 of the Colorado Revised Statutes must be filed with the Colorado Civil Rights Commission within six months. The exception is for claims that the employer discharged the employee for off work activity. Those claims may be filed in district court within the applicable limitations period for filing a civil suit. (Galvan v. SPANISH PEAKS REG. HEALTH CENTER, 98 P.3d 949 (Colo. Ct. App. 2004))
Colorado labor and employment laws and employment lawyers
This post is just the tip of the iceberg of the labor and employment laws that cover Colorado workers. If you believe your employer mistreated you in hiring decisions, termination decisions, or during your employment then you should speak with employment lawyers in Denver, Colorado right away about your concerns. Many claims have brief limitations periods that require employees to take action to preserve claims.