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26 Aug

August 2021 Colorado HR Legal Updates

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Public-Sector and Some Private-Sector Employees Mandated to Receive COVID-19 Vaccinations in Denver

Update Applicable to:
Employers with employees in high-risk settings and city workers in Denver, Colorado.

What happened?
On August 2, 2021, Mayor Hancock issued a Public Health Order (the order) that mandates COVID-19 vaccines to certain workers.

What are the details?
The order states that all city workers (including volunteers, interns, and contractors of the city), as well as private-sector employees, are required to be fully vaccinated by September 30, 2021, which requires the final vaccine dose to be received by September 15, 2021. If a covered employee is unvaccinated after September 30, 2021, they will not be permitted to work onsite or in the field. Private-sector employees covered under that mandate include those working in hospitals and clinical settings, nursing homes, homeless shelters, correctional facilities, childcare centers, schools, and post-secondary institutions, and any entity providing home care to patients or first responder services, regardless of whether the entity is public or private.

The City of Denver has provided an online toolkit that contains a template letter for employees and an informational flyer for employees that employers can utilize. Representatives of the City of Denver have also stated that private businesses and organizations subject to the vaccine requirement will be asked to maintain records to show their compliance. Noncompliance could result in financial penalties or a court summons, and businesses could be issued an administrative citation every day for not complying.

The Public Health Order can be read here.

The online toolkit is located here.

An article on the order is found here.

What do employers need to do?
Employers should review the Public Health Order and make the required changes to stay in compliance with the City of Denver and its vaccination policies. The law firm, Littler Mendelson P.C., suggests that employers maintain records as representatives of the City of Denver have stated private businesses and organizations subject to the vaccine requirement will be asked to show their compliance.


Colorado Requires Salary Ranges on Remote Job Postings Regardless of Geography

Update Applicable to:
Employers in Colorado.

What happened?
On July 21, 2021, the Colorado Department of Labor and Employment’s (CDLE) Division of Labor Standards and Statistics updated its Interpretive Notice and Formal Opinion (INFO) #9.

What are the details?
Effective immediately, the revised notice states that the out-of-state exception must be applied narrowly and normally would only apply to jobs tied to non-Colorado worksites, as an example. In addition, the notice makes clear that the requirement to include compensation information in postings would encompass job postings for remote work, even if such a posting states that an employer would not accept Colorado applicants.

The notice also clarified that when posting a compensation range, employers may not leave the bottom or top of the range open-ended (for example, “$30,000 and up” or “up to $60,000”).

The notice can be read here.

An article on the notice can be read here.

What do employers need to do?
Employers should review the revised notice and make any applicable updates to their current and future job postings to stay in compliance.