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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: As an ind. contractor, do I cover the insurance for driving reps of a co I'm working for in a rental car or do they?

I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company.... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I am a live in caregiver paid hourly hired by an agency that did not receive overtime pay. Am I owed back pay?

I was told I was legally exempt from overtime pay in Colorado. I am an hourly employee that was employed by a small agency.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 26, 2022

Some direct support workers who provide in-home services to clients are “exempt” from the FLSA’s minimum wage and overtime laws, meaning their employer need not adhere to the FLSA’s minimum wage and overtime laws. This is called the “companionship exemption,” and it applies to workers... Read more »

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: I basically need to know what you can and cannot require of your independent contractors.

Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Oct 23, 2022

Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.

In general, the IRS publishes a few resources to help businesses classify...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Colorado on
Q: Received a notice to vacate in 21 days, I have worked were I live for 5 years and not paid. Is this legal

I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 26, 2022

It may be illegal. I would recommend you contact an attorney.

In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The...
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1 Answer | Asked in Employment Law, Family Law, Real Estate Law and Business Law for Colorado on
Q: can I sue my partner for kicking me out of our business/property

my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues

Anthony M. Avery
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Anthony M. Avery
answered on Apr 8, 2022

Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.

1 Answer | Asked in Employment Law, Tax Law and Business Law for Colorado on
Q: I'm curious what I would need to do, legally, to be able to have a vendor booth at biker rallies in different state

I currently own and operate a tour company in Colorado and have a vendor booth set up here. I would like to be able to travel state to state to different biker rallies with my booth and be able to be a vendor in different places throughout the Summer.

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 10, 2022

Unless you become a part of a single organization that has already arranged rallies is various states, you will need to register with each rally you pan to attend. Each state (and each county or city) will expect you to hold a license to do business in that state and collect sales taxes. You may... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can my employer require walking time from my workstation to the rest area of choice be included in my 15 minute break?

I'm a smoker and I work for that one mega chain grocery/department store that everyone knows, our management recently "reminded" us (without having told me in the first place) that our 15 minute breaks start when we leave our current "workstation" and end when we return to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

Federal law does not require employers to offer any break periods. As a result, if employers offer break time, they can generally offer this on their own terms. The one exception to this rule is that breaks of 20 minutes or less generally must be paid. As long as your 15-minute breaks are paid,... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have to have a salaried manager on staff for a restaurant in Colorado? Or can all my employees be hourly?
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 1, 2022

All employees can be paid by the hour, but there are rules that must be followed for whether an employee can be paid on a salary basis. If you have a manager that's currently paid on a salary basis, they can be switched to hourly, provided that they are paid overtime for all hours worked in... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: If I was verball told that my contract was not being renewed but never given a written letter of non-renewal. Legal act?

I was a probationary teacher but never received a written non- renewal letter. Is there any legal action possible in this situation?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 29, 2021

This depends on the language in your old contract (the one that isn't being renewed). If your old contract states that you must be informed in writing and/or given prior notice of non-renewal, then you should discuss your situation with a Colorado employment attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: I was on FMLA leave for almost a month now that im back ive been told i am not allowed to do overtime in most areas

The illness that required it was my mothers and it was sudden i gave as much notice as i could. I have been told by my supervisor i can do overtime in my main area but am forbidden from doing it elsewhere indefinitely because of my use of leave

Carrie Dyer
Carrie Dyer
answered on Nov 17, 2021

It sounds like your employer may be violating the Family Medical Leave Act. An employer cannot use your FMLA leave as a negative factor in making an employment decision that impacts your ability to earn income. More information is needed to analyze your situation. You should contact an employment... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... Read more »

Niran Grimberg
Niran Grimberg
answered on Oct 3, 2021

A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.

1 Answer | Asked in Employment Law for Colorado on
Q: Can employer change my time card to say i took a longer lunch than I actually did?

My employer says that they have to give us 30 minute lunches no matter what. In the past I have taken a 15 minute unpaid break and gone and clocked back into work. My employer went in after and changed my time card to say that I actually took a 30 minute unpaid meal and said that they have to make... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 29, 2021

Break times of 30 minutes or more can be unpaid, but this must be an "uninterrupted" break. If you have to work during any portion of the 30 minutes, you must be paid for the time you work. However, your employer can adopt a policy prohibiting employees from working during their lunch... Read more »

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: Am I violating a non-poach if former coworker approached me?

I am in accounting and last week I left a job with a software company to join a hospitality company. A former coworker I used to supervise had asked when I was leaving where I was going. I told him and nothing else was discussed. When I started at my new company he texted me and said he had applied... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 3, 2021

The answer to this question depends on the specific language used in your non-compete with regard to the solicitation of employees. If your former employer contends that you violated your agreement, you should reach out to a Colorado employment attorney for a consultation and review of your... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I signed a job description 1 year ago for my current salary and duties were added on,

My company now wants me to sign the same job description (without the additional tasks I acquired) and take a 13k decrease. Can they do this?

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

Federal law only requires that salaried employees be paid at least $684 per week. Assuming your pay cut does not drop you below this minimum amount, then unfortunately, the law does not provide much protection in this situation.

1 Answer | Asked in Employment Law for Colorado on
Q: Disability, had incident at work, had to leave because of manager discrimination.

I have a disability covered by the ADA, and I had an incident at work. My manager angrily told me that I had to tell her that I had this disability before she hired me, and denied that HIPPA had any relevance to the situation. I left, but not without the parting shot from her of "I never would... Read more »

Kyle Anderson
Kyle Anderson
answered on May 6, 2021

Hi, more information is needed here. One issue I see is that it seems you quit. More information is needed about the environment. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Colorado on
Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?

I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.

I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to... Read more »

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: Am I experiencing pregnancy discrimination when being forced to take a 60k pay cut or immediately take FMLA?

I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Am I supposed to be paid tipped minimum wage when I pool my tips with management and BOH?

At my job, FOH employees are paid tipped minimum wage- $9.30. FOH employees receive tips, which are pooled and also shared with management and BOH employees, of which both groups receive at least minimum wage or higher. I read a passage on the Colorado department of labor website stating that... Read more »

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Tip credit and tip pooling are two different things. A tip credit is when an employer pays you less than the minimum wage ($4.25 per hour for instance) and gets a credit from the tips you receive to count toward its obligation to pay minimum wage ($9.00 per hour for example).

The DOL...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I was fired the first week of training for being blamed on not properly working the new tech platform correctly, Case?

The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... Read more »

Carrie Dyer
Carrie Dyer
answered on Mar 17, 2021

While unfair, there is likely no legal claim available to you based on the information you provided.

1 Answer | Asked in Employment Law for Colorado on
Q: I’m a live in 24 hour caregiver for an assisted living I have an overtime salary question

I live in basement of house it’s a 12 bed medicade /Medicare assisted living

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 24, 2021

Whether you are entitled to overtime pay for your hours worked over 40 per workweek depends on the types of duties you perform. If you provide mostly companionship services to the client (e.g. social activities, games, conversation, etc.) then you do not need to be paid for overtime. If, however,... Read more »

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