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Colorado Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Contracts for Colorado on
Q: Can I cancel a pay for play contract for time on a radio station?

He's breaking rules that are in his contract and his contract is up for renewal and we don't want to renew it. He's paid for the time but hasn't signed the new contract.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 25, 2017

Justia's Q&A cannot provide legal advice or review the contract because this would create an attorney-client relationship. You will need to contact (and likely pay) an attorney directly. The attorney can review the contract and provide you with the guidance.

1 Answer | Asked in Employment Law for Colorado on
Q: As an OT I get a portion of what my employer collects from insurance. All work, except client time is unpaid. Legal?

We are not 1099 employees. If the insurance denies the claim we are not paid. There is quite a bit of work (at least an additional 25%) that is not client facing but is essential to the practice such as maintaining documentation, developing treatment plans, communicating with other medical... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 10, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an employment law attorney directly.

1 Answer | Asked in Employment Law and Sexual Harassment for Colorado on
Q: is it 3rd party harassment if my married boss spends more time flirting and sitting with other women outside our store?

Basically my manager is on the clock while he sits outside the store on a swing chair with multiple women. He is a married man and I just find this behavior very creepy and uncomfortable. He spends more time outside the store flirting with these women than actually working.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 9, 2017

Sexual harassment is contingent on upon you receiving the harassment. That is, sexual harassment does not generally occur when others are harassed. There are a few common law holdovers that allow emotional distress to related parties (which is also contingent on physical harm to a related party),... Read more »

1 Answer | Asked in Employment Law and Contracts for Colorado on
Q: Can I require medical documentation for missed work from an independent contractor?

A contractor has missed two days of services this week due to claimed medical issues. This would breach the contract, however, I haven't decided whether to terminate the contract.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 6, 2017

You will have to contact a lawyer directly for a full evaluation of the employment contract and the claimed breach.

The rules for independent contractors are slightly different that those of regular salaried employees, so requesting medical documentation is arguably showing signs of...
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1 Answer | Asked in Employment Law for Colorado on
Q: I work for a retailer and before if you went over 5 hours you had to take a lunch now they are saying if you just 5 h

You have to take a lunch I'm in Colorado

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 6, 2017

This question repeats itself (I suspect because something was cut off). You may want to resubmit your question. It is correct that under Colorado law, a minimum 30 minute lunch break (unpaid) is required for most employees working more than 5 hours.

1 Answer | Asked in Workers' Compensation and Employment Law for Colorado on
Q: Flight attendants do not get compensated for boarding a flight, though this is where the most pressure/stress is. Legal?

Boarding is often the most stressful and complicated part of the job. During boarding they are pressured to get flight out on time, if they fail to do this they can get written up. They have do a beverage service for first class, and do safety and security checks. They have to help passengers with... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 30, 2017

It sounds odd to me, but it is partly defined by the scope of the employment contract. While Colorado does have basic employment protections, there are many exceptions and case-specific determinations which can change outcome. In other words, you will need to contact an employment lawyer directly... Read more »

1 Answer | Asked in Employment Law and Business Law for Colorado on
Q: can the denver rescue mission give work therapy without being licenced?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 30, 2017

A lawyer will need to review the specifics of what "therapy" is being provided. As a general rule, certain types of assistance with finding employment does not require licensing in Colorado. If you are referring to VA work, full compliance with state and federal rules usually required. Justia's Q&A... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: My employee is hurt and not able to do the job he was hired for. What are my options?

He can do some of the job but not all. He was hurt using a ladder that he was expressly told not to. He may be permanently injured in his foot. But we hired him to manage warehouse and drive deliveries. He cannot drive our truck and can not do all of the warehouse work now.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 30, 2017

Justia's Q&A is not designed to provide legal opinions or advice because this would create an attorney-client relationship. You will need to contact an employment or business lawyer directly.

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Employment Discrimination for Colorado on
Q: does a probation officer in Denver Colorado have the authority to modify or change the conditions of probation?

I'm the property manager of a local motel. My wife& I were hired as a team,only she was terminated after the owner found out that wife had filed a complaint with the U.S. D.O.L. &found owner in violation and an assessment was made for collection of back wages. That 9 months ago. New mngrs were... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 29, 2017

This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.

As a general rule probation officers have limited powers related to the...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Colorado on
Q: My employer in CO deduct 30 minutes for lunch that I'm not able to take as a local beer driver can I get my time back?

I've worked for this company for one month now at $20hr and I've never been able to take a lunch break. But they take 30 minutes every 5 hours I work

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 15, 2017

You will need to discuss this with an employment attorney privately.

1 Answer | Asked in Employment Law for Colorado on
Q: I'm curious if I work an hourly job if it's legal for me to be a 1099 employee

I work a set number of hours as a sushi chef in a grocery store

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 13, 2017

The 1099 basically means that you are not an employee (who receive payments via a W-2), but an independent contractor. The status really relates on whether the employer needs to pay unemployment, workman's comp, and tax withholding (1099 employees place no requirements on their employers). The... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Are federal law enforcement agents authorized by their employer to take doctor prescribed testosterone replacement ther?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 11, 2017

You will have to review your employment contract. As a general rule, most employers do not object to employee use of prescribed medically necessary drugs (that do not impact job performance).

If the testosterone use is related to a gender identity issue, the answer get a little more...
Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: I need to know what to do in my situation

I worked for a temp company for 85 days (working towards my 90 day hire on) at a sewer company making 20 an hour. Bosses loved me but were not paying the temp agency that was paying me. So 5 days before the sewer company could hire me on the temp company pulled me from working with that company.... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 9, 2017

Something got cut-off. I do not see a question. Try resubmitting the question.

1 Answer | Asked in Employment Law for Colorado on
Q: Does my ex-employer have to provide copies of past pay stubs or records if I ask?

My W2 seems incorrect and I would like to compare it to my pay records. On occasion the small business I worked for did not provide me with a pay stub, but I also (stupidly) did not keep all the stubs I did receive.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Mar 7, 2017

Yes, you have a right to request copies of the pay stubs. Most businesses keep these documents for at least a year (technically, they should be held for at least 3 years).

1 Answer | Asked in Employment Law for Colorado on
Q: My job I believe has become a hostile work environment. The general manager has been messing with me some time now.

Having shift leaders follow me around work. Having me move my car but not asking other employees parked next to me to move there's. She has the heat in the kitchen set at 84-88 degrees and 4grills on. I sat a thermometer where I stand and it read 99. And she knows I I and the others don't like it... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 19, 2017

Contact an employment law attorney. There may be a case here...

1 Answer | Asked in Civil Litigation and Employment Law for Colorado on
Q: Employee offered equity for deferred payment. Company closed, new one opened. Can equity be granted?

Employee worked for startup and offered equity in exchange for deferred payment. Company was so slow, that employee and CEO agreed to pause working relationship. CEO now has very similar company, but under a new name, says cannot offer equity to someone who is not an employee. What should... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 10, 2017

You will need to contact a lawyer directly for a review of the total circumstances. There are simply too many variables to make an even partial general statement of the law. The key issues are whether the equity rights were fully vested and exercised before the company closed. Even then, the answer... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: is it legal for an employer to publicly announce an employee's "accident" to their colleagues?

My sister was on her period and bled through at work. Her manager told her colleagues after she spoke to him privately and she was mortified.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 8, 2017

No this is not proper or reasonable. Depending on the scope of surrounding conduct your sister may have a claim for hostile workplace claims. This may also qualify as for a direct violation of Colorado labor laws. It is recommended that your sister contact an employment attorney to discuss this... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: If an employer pays you less than minimum wage, can they legally keep my commission (work already completed) if I quit?

My employer recently opened an office in the US after formerly having an office in China for several years. The owner is American and has not updated their policies to reflect US law. I work at least 40 hours a week and I am paid less than Colorado minimum wage. My commission is paid only a couple... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 5, 2017

Depending on the nature of the employment contract and when the commission is locked, a delay in payment may be reasonable. The concept that you would totally lose all commissions when you quit is overstepping. You may want to contact an employment lawyer or a file a complaint with the CO Dept. of... Read more »

1 Answer | Asked in Contracts and Employment Law for Colorado on
Q: payroll questions

My company is in the process of being sold payroll has not been paid since Dec 15 2016. the person purchasing the company has assumed all payroll responsibility but has been advised not to pay anything until escrow is closed due to numerous bad debts. this seams a little strange I would think labor... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 4, 2017

For the new owner the most prudent decision probably is to wait until all aspects of the sale are complete before paying payroll. Since the sale is not complete the new owner is likely not subject to payroll obligations. However, the old owner (current owner) is still obligated to pay wages. As... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: As a janitor, can I sue the branch manager for catching him having sexual intercourse with another employee?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 31, 2017

Probably not if you just witnessed the act. In Colorado, most civil damages require some evidence of physical harm or direct negative impact (beyond emotional harm). Based on the right circumstances (e.g. if the manager was encouraging you to participate or watch) there might be a sexual... Read more »

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