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CDLE finalizes crop of new rules

The Colorado Department of Labor and Employment (CDLE) has finalized a half dozen rules on a wide array of topics. Employers should take care to immediately familiarize themselves with these rules, as many take effect January 1, 2021. The rules can be found on the CDLE’s rulemaking page, where the CDLE summarizes its new rules with the following table that contains links to the actual rules themselves:

Adopted Rules Clean Version Redline Version Statement of Basis & Purpose

State Labor Relations Rules, 7 CCR 1103-12

PDF PDF PDF
Colorado Whistleblower, Anti-retaliation, Non-interference, and Notice-giving (Colorado WARNING) Rules, 7 CCR 1103-11 PDF PDF PDF
Direct Investigations Rules, 7 CCR 1103-8 PDF PDF PDF
Equal Pay Transparency Rules, 7 CCR 1103-13 PDF PDF PDF
Colorado Overtime and Minimum Pay Standards (COMPS) Order #37, 7 CCR 1103-1 PDF PDF PDF
Wage Protection Rules, 7 CCR 1103-7 PDF PDF PDF

Individuals interested in receiving updates from the CDLE directly when it engages in the rulemaking process, may subscribe with the CDLE here.

Look for follow-up posts on this blog highlighting some of the key developments in some of these rules.

Tenth Circuit reaffirms indefinite leave request is not a reasonable accommodation

The Tenth Circuit recently reaffirmed that a request for indefinite leave is not a reasonable accommodation under the ADA. Although the plaintiff provided some information about her need for leave, she failed to provide any sense of the anticipated duration of her disability. Instead she “informed her supervisor at Kelly on a Monday morning that she planned ‘not to come to work this week at all’ and indicated she would need additional time off for ‘some appointments and tests’ and for ‘five times of radiation.’” The Tenth Circuit held that was insufficient.

The accommodation Plaintiff requested would have required GE either to go without someone working at the receptionist position it had contracted with Kelly to staff (requiring others at GE to take over Plaintiff’s duties at the receptionist desk while still carrying out their own job duties), or to accept a supertemporary employee or employees who would fill in for Plaintiff for the week she wanted off and for whichever other additional times she needed to take off for tests, appointments, “times of radiation,” and other cancer-related reasons, while letting Plaintiff return to take over her temporary job position whenever she was free and felt up to attending work.

The case is a good reminder to employers of the value (and legal requirement under the ADA) of the interactive process. By communicating with the plaintiff and hearing her full request, the employer was able to gauge the legal reasonableness of her request under the ADA and determine it to be insufficient.

Source: Punt v. Kelly Services