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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Tax Law for Colorado on
Q: If my ex boss want give me my W2 or pay studs what should I do
James L. Arrasmith
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answered on Mar 18, 2024

If your ex-boss refuses to provide your W-2 or pay stubs, you should first try contacting them directly to request these documents. Explain the importance of receiving these items for your financial records and tax filing obligations. It's possible they may have overlooked your request or... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Employment Law for Colorado on
Q: What to do if my employee is claiming she can keep tips after we show her facts that she cant

She is claiming she will take our tips as punishment for not completing our jobs to her standard. She said because she doesn’t call us tipped employees that we aren’t even though we receive more than 30$ a month. I just don’t know what to do or if I can do anything about it legally

T. Augustus Claus
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answered on Feb 2, 2024

If your employee is unlawfully withholding tips from other employees based on her own standards and despite being shown evidence that contradicts her claims, you should take action to address the situation promptly. First, ensure that you have clear policies in place regarding tip distribution and... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have a case if a company changes my pay structure and then doesnt pay me the other half for 3 months, owing $4300?

They continue to tell me next week and pay me my $300 for the first half of my wages but are making no attempt to catch up the past due amount. They are using company funds to pay themselves and their expensences but refuse to pay me. They also have me listed as a 1099 when I should be listed as... View More

James L. Arrasmith
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answered on Feb 2, 2024

Facing a situation where your employer changed your pay structure and owes you $4,300 is concerning. Firstly, gather all relevant documents and communication regarding your employment, pay structure changes, and unpaid wages. This will be crucial in building your case.

Reach out to your...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Employment Law for Colorado on
Q: In Colorado, if I work over 5 hours is a break required. My Employer offers on-the-clock free meals but NO breaks.

Hourly employee in Colorado. There are no breaks or rest periods during an 8-hour shift, but a free meal from the company is offered.

James L. Arrasmith
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answered on Nov 13, 2023

In Colorado, employment law requires that hourly employees are entitled to a 30-minute meal break when working shifts that exceed five consecutive hours. This break must be duty-free, and if it cannot be provided, the employee must be paid for this time. In addition to the meal break, employees are... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My husband works for Walmart and recently they have been asking people if they can work Sundays but we are Jehovahs

Witness and my husband said he couldn't since we attend church and now they have given him 23 hours and him and others feel like they are being threatened for saying no

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

You might have a claim based upon religious discrimination but any such claim will be hampered by the fact that Jehovah Witnesses, unlike some other Christian denominations, do not follow a strict "Sunday-Sabbath" rule which discourages members from working on Sundays as a part of their... View More

1 Answer | Asked in Employment Law for Colorado on
Q: I am a teacher who has approved fmla, is my principal allowed to remove me from school emails, policies and procedures?
T. Augustus Claus
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answered on Aug 29, 2023

In Colorado, if you have been approved for Family and Medical Leave Act (FMLA) leave, your employer generally cannot discriminate against you or treat you unfavorably because of your FMLA status. However, the specifics of your situation may depend on a variety of factors, including the nature of... View More

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: Can I file suit against a restaurant for a supervisor assaulting my son while at work?

My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More

Michael Joseph Larranaga
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answered on Aug 16, 2023

1st of all you should get an attorney.

2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can...
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1 Answer | Asked in Employment Law for Colorado on
Q: I disagreed with bullying and discrimination my boss was showing to another employee and was fired. Can I sue?

An employee I supported was subjected to unlawful bullying and discrimination because she is Christian. I refused to participate in this behavior and verbally disagreed. I was issued a final written action notice and then terminated for no factual reason.

T. Augustus Claus
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answered on Jul 26, 2023

If you believe you were terminated in retaliation for speaking out against bullying and discrimination, you may have grounds for a wrongful termination claim. It's essential to consult with an employment attorney to evaluate the specific details of your case and determine if you have a valid claim.

1 Answer | Asked in Employment Law for Colorado on
Q: Can an employer reduce a payments during the duration of contract as an independnt contractor?
John Michael Frick
John Michael Frick
answered on Jul 26, 2023

You are confounding terms. An employer employs an employee. There are various laws and regulations that pertain to that relationship. A hirer hires an independent contractor. Different laws and regulations pertain to that relationship.

If you are an independent contractor, the terms of...
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1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: Was diagnosed with cancer & my employer has had me call out since they were informed and now removed me fr schedule?

This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and... View More

1 Answer | Asked in Tax Law and Employment Law for Colorado on
Q: I think my boss didn’t withheldtax for me.. so I owed so much money end of year.for 3 years..what should I do ?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Both Federal and State laws require employers to withhold taxes, including both your income withholding and the employee's portion of employment taxes (SS, UI, etc) and pay those taxes to the proper taxing agency, whether Federal or State. You need to discuss your situation with either an... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Hi I took a urinalysis test for the company I work for to gain access to the refinery in our town for a contract we acqu

And I feel the collection process was that incorrectly we were the first into the office that morning and I was the first person to give a sample and there were probably eight people that went after me after I was done with my sample I left to smoke a cigarette and was outside across the street... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2023

A Colorado attorney could advise best, but your question remains open for four weeks. Based on the details, it isn't clear what the consequences of the urine sample mix-up were. If it is something involving termination or suspension, then it's something that an employment attorney is... View More

1 Answer | Asked in Car Accidents, Personal Injury and Employment Law for Colorado on
Q: If a new job is delayed due to an accident can I receive lost wages?

I was in a car accident just before I was scheduled to start a new job. The insurance adjuster for the at-fault party is saying they do not owe lost wages due to it not resulting in job loss. Is this accurate?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 3, 2023

It depends. Yes, those are often recoverable damages. The goal of personal injury law is to make the injured party "whole." In many if not most situations, that includes lost wages. But the particular facts of each case or claim require attention. You may want to call an attorney to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Colorado on
Q: I'm a f1 student in the United States can I open an LLC to start getting commission from window sales as a door knocker?

I won't be in their payroll

James L. Arrasmith
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answered on Feb 19, 2023

Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa.... View More

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... View 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.... View 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... View 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... View 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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