What types of employment law cases do we handle?

The experienced employment law attorneys at our Aurora law firm are dedicated to holding employers accountable for their actions and treatment of their employees. We can help victims fight for fair treatment in the workplace with legal cases involving:

• Wrongful termination claims
• Discrimination claims
• Unlawful hiring or firing practices
• Sexual harassment or other types of harassment
• Wage discrimination
• Breach of employment contract
• Implied contract disputes
• Paid leave or sick leave disputes
• Workers’ compensation claims

Don’t let your employer intimate you to stay silent when you’ve suffered wrongdoing in the workplace. Contact our team to schedule your free consultation to learn more about your rights and how we can help.

What is the law for workers’ compensation?

The workers’ compensation law in Colorado requires that all businesses with employees carry workers’ compensation insurance. The coverage protects employees from unexpected expenses and employers from legal action when a worker is injured on the job. Even if the employees are part-time workers or family members of the employer, they are entitled to workers’ compensation benefits if they suffer an injury or illness while working.

If you believe your workers’ compensation claim was wrongly denied or you didn’t get the full benefits you’re entitled to under Colorado law, our lawyers can help. Our experienced workers’ compensation attorneys understand the laws protecting employees and how complex the system can be. We can assist you with filing your claim, appealing a denial, and getting the maximum benefits for your claim.

Who regulates wages and hours of work?

The laws that govern wages and overtime pay in Colorado are the Fair Labor Standards Act (FLSA), Colorado Wage Act, and Colorado Overtime & Minimum Pay Standards (COMPS) Order #38. These laws set the minimum wage, requirements for overtime, mandatory breaks, and more. When an employer fails to comply with these laws, they may face legal action.

According to the COMPS order, Colorado workers are entitled to:

• Overtime pay when working more than 40 hours per week or 12 hours per day
• A paid 10-minute break for every 4 consecutive hours worked
• A 30-minute uninterrupted meal period when working at least 5 hours

When employees are denied minimum wage or overtime pay or are not allowed to take required breaks, they can enforce their rights with a legal claim for compensation.

Can a company legally cut your pay or hours?

An employer can legally cut pay or hours in many cases. However, they cannot take these actions if it breaches an employment contract or if the decision is based on discriminatory factors, such as:

• Age
• Disability
• Gender identity
• National origin
• Race
• Religion or creed
• Sex
• Sexual orientation

The Colorado Anti-Discrimination Act (CADA) makes it unlawful for employers to treat workers differently based on a protected class or characteristic. Likewise, the Colorado Equal Pay for Equal Work Act protects workers from wage discrimination when performing substantially similar work as other colleagues. Under this act, wages should be equal for the same job duties, and employees cannot be punished for reporting discrimination.

What is the process for family medical leave?

According to the Family and Medical Leave Act (FMLA), certain employees can get 12 weeks of unpaid leave per year with the guarantee of group health insurance and job protection during their absence. The purpose of FMLA is to help employees with families balance their medical needs and work. 

Employers with 50 employees or more, all public agencies, and all private and public elementary and secondary schools must provide up to 12 weeks of unpaid annual leave under the following circumstances:

• Birth and care of a newborn child of an employee
• Placement of an adopted child or foster care with the employee
• Caring for a spouse, child, or parent with a serious health condition
• The employee is unable to work due to poor health

If you have worked for your employer for at least 12 months, have completed at least 1,250 hours within that time, and your company has 50 employees or more, you may be eligible for FMLA leave. According to the U.S. Department of Labor, you must:

• Provide the appropriate notice to your employer
• For planned procedures, give at least 30 days advance notice
• If the leave is more immediate, give as much notice as possible
• Provide enough information so your employer knows you are taking FMLA leave

While you don’t have to give your employer the details of your diagnosis, you must indicate that the leave you are taking is due to a condition protected under FMLA.

Should I hire an employment lawyer?

You should work with a professional employment law attorney if you want to take control of your situation, fight back against discrimination, and get justice for your mistreatment. An experienced lawyer can provide legal support and claim compensation on your behalf for harassment, discrimination, denied workers’ comp or unemployment insurance claims, and more.

Serving Arapahoe, Adams, and Douglas counties, we help employees throughout Colorado get justice. Contact us to schedule a free, no-obligation case evaluation with our Aurora lawyers to learn more about employee rights and what your legal claim may be worth.

Sources:

Colorado Department of Labor and Employment. (1 January 2022). Colorado Overtime & Minimum Pay Standards Order (“COMPS Order”) #38, Poster & Notice.

Colorado Department of Regulatory Agencies. Regulatory Information.

C.R.S. 8-4-101 (2016)

University of Colorado, Boulder. Colorado’s Equal Pay for Equal Work Act.

U.S. Department of Labor. Family and Medical Leave (FMLA).

U.S. Department of Labor (June 2015). The Employee’s Guide to the Family and Medical Leave Act.

U.S. Department of Labor. Wages and the Fair Labor Standards Act.