Longmont 303-776-9900
Louisville 720-726-3670

blog 1

Commentary and Analysis Regarding Colorado Law

Open Records and Personnel Files

20190628 JIC Blog

Most, if not all, government employees are aware of the general proposition of “open records.”  The general premise is that information related to the functions of government should be open to public inspection.  In Colorado, this general premise is codified in the Colorado Open Records Act, § 24-72-200.1, et seq., C.R.S. (“CORA”).  CORA applies to all local governments within Colorado including, but not limited to school districts and special districts.  At the beginning of CORA, the state General Assembly provides the following declaration on the intent of the law:

“It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times, except as provided in [CORA] or as otherwise specifically provided by law.”[1]

Continue reading
  124 Hits
124 Hits

Employment Trends Now

Catherine Tallerico

As we move into the second quarter of 2018, a few workplace trends to watch for are below:

1) Sexual Harassment.  The #MeToo movement demonstrates that workplace harassment remains a persistent problem.  Thirty-six percent of all Colorado charges filed with the Equal Employment Opportunity Commissions (EEOC) last year related to sexual harassment. Workplace harassment affects all workers and causes a drag on performance.  It’s time to take a hard look at sexual harassment policies, complaint and investigation procedures, and training programs. Best practices to ensure a safe and productive workplace include:

Continue reading
  524 Hits
524 Hits

TICK-TOCK


TIME FOR EMPLOYER’S TO REVIEW “USE IT OR LOSE IT” VACATION POLICIES

Submitted by Catherine Tallerico.

On January 1, 2015, a new Colorado Wage Protection Act (“Act”) went into effect, expanding wage claims under the Colorado Wage Act.  The Act gives the Colorado Department of Labor & Employment, Division of Labor (DOL) new enforcement authority to adjudicate complaints for unpaid wages, including earned vacation time.  The DOL’s authority to adjudicate vacation pay claims arises from the Wage Act’s definition of “wages” to include “vacation pay earned in accordance with the terms of an agreement.” Additionally, “if an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.” Colo. Rev. Stat. § 8-4-101.

Last summer, the DOL made statements indicating an intent to find “use it or lose it” vacation policies in violation of the Act.  Such statement would have constituted a change in the DOL’s prior position in which it had permitted such policies so long as the risk of forfeiture was clearly set forth in an agreement.

Continue reading
  1115 Hits
1115 Hits

Serving The Entire State Of Colorado
Map and Directions


Longmont Office

515 Kimbark Street, Second Floor
Longmont, CO 80502
Phone: 303-776-9900 
Maps & Directions

Louisville Office

363 Centennial Parkway, Suite 110
Louisville, CO 80027
Phone: 720-726-3670 
Maps & Directions

Satellite Office

748 Whalers Way, Suite # 240A
Fort Collins, CO 80525
Maps & Directions