Who’s an employee & who’s an independent contractor? Email

Sometimes it’s not so easy to tell. 

Earlier this year, an unsuccessful bill came before the Colorado Legislature that would have simplified the test to determine whether a person was an independent contractor or employee. Senate bill S.B. 15-269 would have repealed current standards related to the determination of independent contractor status under the Employment Security Act (unemployment insurance, or UI) and established a multifactor test to determine whether an individual is an employee or an independent contractor for the purposes of UI.

More H-2B updates Email

H-2B visa legislation updateNew H-2B Rules:
Prior to the July 4 recess, the Senate Appropriations Committee passed its version of the fiscal 2016 Department of Labor Appropriations bill. No amendments were offered to try to strike the beneficial H-2B language included in the bill. The bill includes language that would:

            • Address H-2B wages and allow the use of private wage surveys, which are not allowed under the new final H-2B wage rule;
            • Clearly define seasonal as ten months, as opposed to the nine months in the new interim final H-2B comprehensive rule;
            • Prevent DOL from implementing the provisions of the interim final rule related to corresponding employment and the ¾ guarantee;
            • Prevent DOL from implementing the new and burdensome DOL enforcement scheme in the IFR related to audit and the Certifying Officer (CO) assisted recruitment; and
            • Allow for the staggered crossing of seafood H-2B employees. 
2nd draft of Colorado Water Plan released Email

The Colorado Water Conservation Board has released the second draft of a proposed water plan for Colorado. View the latest draft at

CWCB welcomes public input through September 17, 2015. ALCC and GreeenCO will also review the plan and make comments during this time.

Colorado's Water Plan timeline








Further reading:
Colorado's Water Plan 

WOTUS final rule faces multiple lawsuits Email

Sixteen states and a number of state departments and authorities have filed lawsuits against the Environmental Protection Agency (EPA) and the Army Corps of Engineers regarding the recent Clean Water Act Final Rule (“Waters of the US” or WOTUS). Colorado is a plaintiff in one of the lawsuits, which claims that the Clean Water Rule affects or interferes with state sovereign authority. It also purports that additional requests related to the rule will create additional burden to state staff.

DOL proposed rule regarding overtime eligibility for 'white collar' workers Email

The US Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) regarding overtime eligibility for "white collar" employees:

With this proposed rule, the Department seeks to update the salary level required for exemption to ensure that the FLSA’s intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the executive, administrative and professional employee exemption easier for employers and workers to understand and apply.

The proposed rule extends overtime eligibility for nearly five million workers within the first year of its implementation. The DOL estimates that this change could cost employers an additional $1.2 billion per year. As proposed, the salary threshold would rise from $455 a week (the equivalent of $23,660 a year) to about $970 a week ($50,440 a year) in 2016. Details can be found in a fact sheet issued by DOL.

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