Commentary and Analysis Regarding Colorado Law

Unfortunately, as we complete the first month of 2021, the COVID-19 pandemic is still surging and many of the laws related to it changed on January 1, 2021. This article surveys a few of those laws, but is by far not an exhaustive list or a complete analysis of all of the new laws. Please give us a call if you have any specific questions related to the COVID-19 laws or otherwise.

Colorado Healthy Families and Workplace Act

UPDATE: On June 1, 2020, Governor Polis issued an updated Executive Order, linked here, that extended the Safer-at-Home phase of the states COVID-19 pandemic response for thirty (30) days. That Order now only recommends rather than directs employers to accommodate employees with childcare needs or that live with a Vulnerable Individual. That Order also encourages Coloradans to explore the vast outdoors while practicing social distancing and wearing a face covering. In addition to this extended Order, the restaurant guidelines, although forbidding bars to open, has evolved based upon a loophole that a few bars and breweries have found. If a bar or brewery has a restaurant license and offers food items it can reopen. However, if a bar or brewery reopens under its restaurant license it must also follow the restaurant guidelines. Further discussion on bars and breweries reopening can be found here.

On April 27, 2020, Governor Polis issued an Executive Order, linked here, that transitioned the state from Stay-at-Home to Safer-at-Home in response to the COVID-19 pandemic. The Safer-at-Home Executive Order is one of three governmental response levels meant to protect public health. The three levels are Stay-at-Home, Safer-at-Home, and Protect-Our-Neighbors. A graphic of the levels can be found here. Each level provides differing business closures, testing requirements, and permitted density of gatherings based upon the prevalence of the virus in the state. The Governor will monitor the virus and shift his Orders accordingly. On May 25, 2020, Governor Polis extended the April 27, 2020, Executive Order, which was set to expire on May 27, 2020, to June 1, 2020. The extended Executive Order can be found here.

May 15, 2020
Highlights from Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act)
By Brian L. Allard, Associate

On May 12, 2020, the Speaker of the House, Nancy Pelosi, introduced a $3 trillion bill, titled the HEROES Act, to provide further assistance to individuals, state and local governments, and public and private businesses impacted by the COVID-19 pandemic. The text of the bill can be found here. 

April 14, 2020
Special Education during the COVID-19 Global Pandemic
By Brian L. Allard, Associate

As the spread of the global pandemic of the novel coronavirus, COVID-19, causes school closures for in-person learning across the nation, school districts have been left with extraordinary challenges, including but not limited to rapidly transitioning to online learning and conducting day-to-day business virtually. As school districts move to this virtual setting, an additional challenge includes that federal and state mandates for special education remain in place. School districts are still required to provide students with disabilities a free and appropriate public education (FAPE). This means that school districts must still comply with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Title II of the Americans with Disabilities Act of 1990 (Title II).

April 24, 2020
COVID-19 and Potential Employment and Liability Issues
By Brian L. Allard, Associate

As businesses confront challenges not seen in generations, due to the COVID-19 crisis, it is extremely easy to become complacent with basic personnel and business liability matters. Yet now more than ever, businesses must stay vigilant. As revenues drop and payrolls become more difficult to maintain, wage and hour disputes will become more and more prevalent. Even in a crisis, businesses must pay their employees. Also, in financially difficult times more scrutiny will be placed on employees’ wages and hours. More information regarding wage and hour laws in the state of Colorado can be found here.

Lyons Gaddis COVID-19 Alert

This Alert is one in a collection of articles created by Lyons Gaddis in our effort to get important information to our clients regarding the effect of the novel coronavirus (COVID-19) outbreak in the United States.  This Alert focuses on Colorado Governor Jared Polis’ recent Executive Order regarding paid sick leave.