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Big Updates For Colorado 2021

Big updates to know!

First, let me start by saying – do not give up on this post! There is a lot to unpack here, and we are working to make sure you KNOW what is coming on the horizon. That said, we also want to extend the offer to connect with you on this if you walk through your specific circumstances. If so, email us at

In CO there are several rules set to take effect on January 1, 2021. These may have a significant impact on businesses operating in the State of Colorado. After a public hearing which took place on November 2, 2020, the Division at the Colorado Department of Labor and Employment released (on 11/11/2020) Adopted Rules to take effect on January 1st. Some of the changes in regulations are material for how employers will need to move forward. To read on all of the adopted rules - USE THIS LINK. The effort in this post here is to help provide context and clarity to employers in Colorado, so that you may work through the compliance in these Adopted Rules more easily. HRx has been monitoring many of these proposed rules closely. Below is more information regarding these new Adopted Rules on our radar.

Colorado WARNING Rules

Stands for: Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice Giving Rules

Purpose: these rules implement and enforce recent and soon to become effective additions and changes to labor standards law. Additionally, the Division identified a need to work through the specifics of the rules listed below, as much of their work had been focused primarily on wage investigations. With the complexity of the new rules being placed under the authority of the Division, further work was required to detail procedures, rights and responsibilities under that authority.

What is included:

  • PHEW – Public Health Emergency Whistleblower Act (effective: 7/11/2020)

  • HFWA – Health Families and Workplaces Act (effective: 7/14/2020)

  • EPEWA – Equal Pay for Equal Work Act (effective: 1/1/2021)

  • Chance to Compete Act (aka: Ban the Box) (effective: 8/2/2019)

  • Colorado Wage Act and the COMPS Order #37 (effective: 1/1/2021)

The Rules it creates:

  • Rules 1 – 2: Statutory Framework and Definitions – shares information on how the Division will operate and clarifies certain definitions where there could be a need for clarification

  • Rule 3: Complaint, Investigation, and Appeal Procedures – further details on how the Division is working through the process, providing similar legislation/claim procedures used for these new Rules.

  • Rule 4: Notice and Posting requirements – where applicable, details how the Division will handle posting requirements for these new Rules.

  • Rule 5: Protected Activity – clarifies the process/rules and requirements for raising a r