Workplace Compliance News & Resources
for the Mountain States

Who: Colorado Public Accommodations, Schools, and Workplaces

When: Effective immediately

What: On May 16, 2025, Colorado Governor Jared Polis signed into law HB25-1312, also known as the Kelly Loving Act, which amends the Colorado Anti-Discrimination Act (CADA) to provide enhanced protections for transgender individuals and prohibits deadnaming and misgendering that can now be unlawful employment discrimination. The law clarifies CADA’s prohibition on gender expression discrimination by expanding the definition of “gender expression” to include both an employee’s “Chosen Name” and “How the Individual Chooses to be Addressed.” Gender expression is defined as “means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, behavior, chosen name, and how the individual chooses to be addressed.” A “Chosen Name” is defined as “a name that an individual requests to be known as in connection to the individual’s disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry,” provided the name does not contain “offensive language” and the individual is not requesting the name for “frivolous purposes.” [Note: The terms “offensive language” and “frivolous purpose” are not defined in the law and will likely be subject to agency or judicial interpretation.] Provisions sections 11, 12, and 13, which addresses ID and birth certificates in HB25-1312 takes effect on October 1, 2026. All other provisions without a specific date will be effective August 6, 2025.

For public accommodations, a companion bill (HB25-1239) signed on May 22, 2025, expands remedies available to individuals with disabilities who experience discrimination. These individuals may now seek attorney’s fees and costs, plus either actual monetary damages and non-economic damages (capped at $50,000) or a statutory fine of $5,000. The enhanced remedies specifically apply to qualified individuals with disabilities who are accompanied by service animals and whose rights under CADA have been affected.

Employers may receive a 50% reduction on the non-economic damages cap if they correct violations within 30 days of a complaint filing, provided the violation was not knowing, intentional, or reckless.

How:

• Update employee handbooks and anti-discrimination policies to reflect the expanded definition of gender expression and chosen name.
• Train HR personnel and managers on the proper use of employees’ chosen names and preferred forms of address, that includes communication and legal practices.
• Review and audit workplace policies to ensure compliance with transgender employee protections.
• Review HR or IT processes to accommodate name and pronoun changes.
• For employers operating places of public accommodation, review premises for accessibility compliance.
• Train employees on assisting individuals with various types of disabilities.

Additional Resources:

HB25-1312 (Legal Protections for Transgender Individuals)

HB25-1239 (Expanding Remedies for Public Accommodation Claims)

Colorado Civil Rights Division

Who: Colorado employers

When: Effective August 6, 2025

On June 3, 2025, Colorado Governor Jared Polis signed into law Senate Bill 25-083 (SB 83). This amendment to existing law goes into effect on August 6, 2025, and is not retroactive. It extends existing prohibitions on restrictive covenants and bans most restrictive covenants, including noncompete agreements, for healthcare providers.

SB 83 primarily applies to healthcare providers, whom the law defines as individuals who are:

• Licensed to engage in the practice of medicine (physicians and physician assistants);
• Registered to engage in the practice of advanced practice registered nursing;
• Licensed to practice as a certified midwife; or
• Licensed to engage in the practice of dentistry.

In general, SB 83 bans and voids all noncompete agreements for healthcare providers. The law also establishes and protects healthcare providers’ rights to share certain information with their patients, and bans all restrictive covenants that prohibit or materially restrict a healthcare provider from disclosing to patients:

• Their continuing practice of medicine;
• Their new professional contact information (where they will be working next); or
• That patients have a right to choose their own healthcare provider.

Current Colorado law already prohibits most noncompete agreements for physicians but allows for noncompete agreements that require physicians to pay reasonable damages if they choose to leave the employer and engage in competition. When it goes into effect, SB 83 will prohibit and void such agreements for healthcare providers.

Current Colorado law also allows for noncompete and nonsolicitation agreements for specific “highly compensated workers,” which include some healthcare providers. SB 83 prohibits and voids such agreements for healthcare providers, regardless of how much they make.

Current Colorado law, like the law of many other states, does permit restrictive covenants designed to protect trade secrets. Such covenants remain permissible under SB 83 so long as they do not restrict healthcare providers’ abilities to practice medicine and are otherwise compliant with trade secrets laws.

SB 83 allows for noncompete agreements related to the purchase and sale of a business, with certain nuanced restrictions relating to individuals who own minority ownership shares. That subsection of the law does not contain any specific carveouts or restrictions for healthcare providers.

How:

• Review your existing noncompete agreements and other restrictive covenants, specifically with respect to defined healthcare providers.
• As needed, seek legal counsel to ensure compliance with the law.

Additional Resources:

SB 25-083

Who: Colorado employers

When: Effective July 1, 2025

On May 31, 2024, Colorado enacted H.B. 24-1130, which amends the Colorado Privacy Act (CPA). This amendment, known as the “Biometric Amendment,” will go into effect on July 1, 2025, and it requires employers to obtain consent from employees before collecting and using biometric data in most cases.

Employers generally must obtain consent from employees and prospective employees when collecting biometric data for any reason, with two narrow exceptions, and under the CPA, employees’ consent must be affirmative, specific, informed, and unambiguous. Employers may not use passive “opt-out” protocols for obtaining consent.

For the purposes of the new law, biometric data is “one or more biometric identifiers that are used or intended to be used, singly or in combination with each other or with other personal data, for identification purposes,” and a biometric identifier is “data generated by the technological processing, measurement, or analysis of a consumer’s [or employee’s] biological, physical, or behavioral characteristics” which can be used for the purpose of identifying an individual, specifically:

• A fingerprint;
• A voiceprint;
• A scan or record of an eye retina or iris;
• A facial map, facial geometry, or facial template; or
• Other unique biological, physical, or behavioral patterns or characteristics.

Under the Biometric Amendment, employers must obtain employees’ consent before collecting, storing, and using employees’ biometric data, and in most cases employers may not condition employment, or continued employment, on that consent. Employers also may not retaliate against employees who refuse to give their consent. Employers may, however, condition employment on employees’ consent in four circumstances, to:

• Permit access to secure physical locations and secure electronic hardware and software applications;
• Record the commencement and conclusion of the employee’s full workday, including meal breaks and rest breaks in excess of 30 minutes;
• Improve or monitor workplace safety or security or ensure the safety or security of employees; or
• Improve or monitor the safety or security of the public in the event of an emergency or crisis situation.

Furthermore, employers do not need to obtain consent from employees or prospective employees under two narrow exceptions:

• For employees in certain roles for which there is a reasonable expectation of collection of biometric data for the purpose of the role (e.g. security roles and some roles in higher education, government, or air traffic); and
• For prospective employees (job applicants) for the purposes of reasonable background checks, applications, or related identification requirements.

Under the new law, employers must adopt a written policy that:

• Establishes a retention schedule for biometric identifiers and biometric data;
• Includes a protocol for responding to security incidents that may compromise the security of biometric indicators or data; and
• Includes guidelines for deletion of biometric data.

Importantly, the Biometric Amendment to the CPA does not create a private right of action for private litigants, and enforcement of the law will be left to the Colorado Department of Law and the Office of the Attorney General of Colorado. As necessary, the Attorney General of Colorado will promulgate rules for enforcement of the CPA and the Biometric Amendment, as it has already done once for the Biometric Amendment (see Colorado Privacy Act Rules). Employers found out of compliance may face penalties of up to $20,000 per violation.

How:

• Conduct an audit of your policies and protocols for the collection, storage, and use of biometric data.
• As necessary, create and implement new policies and procedures to comply with the law.
• Identify states where you collect biometric data for other compliance obligations.
• Review the Colorado Privacy Act Rules in the Code of Colorado Regulations (4 CCR 904-3).
• Monitor the issuance of new rules and guidance published by the Colorado Department of Law.
• Consult legal counsel if you have specific questions.

Additional Resources:

H.B. 24-1130

Colorado Privacy Act Rules

Who: Colorado employers

When: Effective immediately

Colorado Governor Jared Polis signed HB 24-1324 into law on May 31, 2024. The law, which is effective August 7, 2024, protects against potential abuses of Training Repayment Agreement Provisions (TRAPS). The state allows TRAPS when the training is separate from typical on-the-job training, the costs are reasonable, and the amount the employee must repay decreases over time as the employer recovers their investment. The amendments increase restrictions on TRAPS and increase penalties for violations.

Changes to the law include:

• Classifying TRAPS as a consumer credit sale subject to the Consumer Credit Code rules;
• Granting the Attorney General the authority to enforce the law and promulgate rules to implement the law; and
• Increasing the penalties to all an aggrieved worker to recover three times the amount of money the employer attempted to collect, plus attorney’s fees, costs, and interest, in addition to the $5,000 penalty under the existing law.

With these changes, lawmakers hope to prevent employers from abusing their rights to recover payment. Violations include requiring repayment in excess of actual cost, creating onerous repayment terms, or requiring repayment for training that has little or exaggerated value.

How:

• Review and update your TRAPS to comply with the law.
• Consult with legal counsel to ensure compliance with the law.

Additional Resources:

HB24-1324 Attorney General Restrictive Employment Agreements

Who: Colorado employers

When: Effective January 1, 2024

The Colorado Department of Labor and Employment (CDLE) adopted the Final Rule related to the Equal Pay Transparency (EPT) Rules (7 CCR 1103-13) on November 9, 2023, which clarify how to implement the most recent amendments to the Equal Pay for Equal Work Act that take effect January 1, 2024. The updated EPT Rules define several key terms, including job opportunity, vacancy, and career progression and clarify that “job posting” and “job opportunity notice” are one in the same.

The updated rules clarify the employer’s disclosure obligations, stating that there are pre-selection and post-selection obligations. Pre-selection notices to employees must include compensation, benefits, how employees may apply, and an application deadline or statement that hiring is ongoing. Employers do not need to make pre-selection disclosures for in-line career developments and career progressions, only “job opportunities.” There’s also an exception to the pre-selection disclosure requirement for acting, interim, or temporary jobs, under certain circumstances. The new rules specify that a job opportunity requiring internal posting exists only when there is a newly created or vacated position.

The updated EPT Rules clarify that in their post-selection notices, employers must include the selected candidate’s name, former job title (if it’s an internal move), new job title, and information about how employees can demonstrate interest in similar opportunities. Employers must give the notice within 30 days of the new hire’s start date. Employers must disclose this information to any employee who will collaborate or communicate with the new hire at least monthly and anyone who will supervise or be supervised by the new hire.

Employers must give information to certain employees about how they can achieve a career progression when they promote someone. Those are “eligible employees,” or those who move from their current position to the other position described in the job posting would be considered a “career progression.”

The updated EPT Rules also clarify that employers do not need to give pre-selection or post-selection notices to employees that work entirely outside of Colorado or for job opportunities performed entirely outside Colorado.

Finally, the Statute of Limitations for enforcement of wage discrimination claims has increased from three years to six years from the date the discrimination occurred.

How:

• Review the final EPT Rules.
• Modify internal and external job notices and your posting processes to be compliant.
• Train and supervise staff responsible for administering the Equal Pay Transparency Rules.

Additional Resources:

Labor Rules, Proposed & Adopted

7 CCR 1103-13 Equal Pay Transparency Rules (“EPT Rules”) Final

Who: Colorado employers

When: Effective January 1, 2024

On June 5, 2023, Governor Jared Polis signed SB 23-105 into law, which amends the Equal Pay for Equal Work Act, effective January 1, 2024. The law clarifies employer disclosure obligations and adds new requirements.

Employers must announce, post, or otherwise make known that there is an available job opportunity to all employees on the same calendar day and prior to selecting a candidate to hire. In the notification, the employer must disclose the hourly rate or salary, or range thereof; the benefits and other compensation; and when the application window will close.

Within 30 calendar days after a new employee begins work, an employer must disclose certain information to, at a minimum, the employees the new hire will work with. That information includes the person’s name, their former job title if they are an internal hire, new job title, and how employees can demonstrate interest in similar job opportunities in the future.

The law has updated some definitions: job opportunity, vacancy, career development, and career progression. It also extends the statute of limitations for wage discrimination claims from three years to six years.

The amendment specifies that employers no longer have to post “career development” opportunities. They have to notify employees only of vacancies. But when that vacancy has a defined “career progression,” employers must disclose to all eligible employees the requirements for career progression, compensation, benefits, full-time or part-time status, duties, and access to further advancement.

If an employer is physically located outside of Colorado and has fewer than 15 workers in Colorado who work remotely, the employer must give them notice only of remote job opportunities—rather than all job opportunities—until July 1, 2029.

The Colorado Department of Labor and Employment will issue enforcement rules by July 1, 2024.

How:

• Consider auditing your compensation practices to ensure compliance with pay equity laws.
• Evaluate which positions you can exclude from the notice requirements for as career progressions.
• Develop a plan to notify the colleagues of promoted and newly hired employees
• Train managers and HR personnel how to consistently and effectively communicate your compensation strategy.

Additional Resources:

SB 23-105

Who: Colorado employers

When: Effective January 1, 2024

Beginning January 1, 2024, the Colorado Family and Medical Leave Insurance (FAMLI) program will make it easier to calculate premiums by updating its definition of “wages.” The term now means “gross wages,” which is the same definition the Unemployment Insurance Division uses. Gross wages are the new determinants of premium and benefit calculations.

Gross wages include these (pre-tax) amounts:

• Salary, hourly wage, and overtime
• Tips
• Bonuses and commissions
• Piece rate
• Employer-provided paid leave and disability benefits
• The value of lodging or meals to the extent they’re used as a credit toward the minimum wage

Gross wages do not include:

• Severance payments
• Deferred compensation contributions or payments
• Profit-sharing
• Pensions or retirement plan payments
• Expense reimbursements (e.g., mileage)
• Non-monetary payments

Under the new definition, employers won’t report or collect employee contributions from pre-tax deductions (e.g., health insurance premiums). Employers will report the post-tax gross wage amount and collect employee contributions from that amount.

The amended rules establish a fine of up to $50 per person when a business does not timely pay premiums.

How:

• Update your policies and procedures to reflect the new definition of wages.

Additional Resources:

Amended Premium Rules

Colorado Family and Medical Leave Insurance Program (FAMLI) Employers

Colorado Family and Medical Leave Insurance Program (FAMILI) FAMLI Toolkit

Who: Montana for-profit businesses that qualify as data controllers

When: Effective October 1, 2024

On May 19, 2023,  Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) into law, which goes into effect on October 1, 2024. It protects Montana residents’ personal data and explains consumer rights and the obligations of businesses.

The law applies to for-profit businesses that 1) target products or services to Montana residents and 2) control or process the data of 50,000 or more Montana residents (excluding data handled solely for payment transactions) OR control the data of 25,000 or more Montana residents AND derive at least 25% of their gross revenue from the sale of personal data.

There are several exemptions from the law, including certain types of entities (e.g., governmental and nonprofit organizations), certain types of data (e.g., HIPAA-protected information), employment-related data, and certain types of processing (e.g., to comply with federal, state, or local regulations).

Consumers have the right to access, delete, or correct their data, opt out of their data being processed, and obtain a copy of their data in a portable format. Businesses must recognize universal mechanisms for opting out of sales of personal data and targeted advertising without having to verify the consumer’s identity and must respond to opt-out requests within 45 days.

Businesses must provide a notice to consumers that contains specific information, including the categories of personal information processed by the controller, the purpose for processing personal information, information about third parties the controller shares data with and what types of data, and how to exercise their rights under the law.

Businesses may not collect sensitive data without consent. Sensitive data includes data that reveals racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship and immigration status; genetic and biometric data; geolocation data (location within a radius of 1,750 feet); and personal data collected from a known child.

The Montana Attorney General enforces the Act and may assess fines of up to $7,500 per violation. No private right of action is allowed.

How:

• Review and update your data collection, processing, and notification practices to comply with the law.
• Review and update your privacy policies and notices to comply with the law.

Additional Resources:

SB 0384

Who: Nevada employers

When: Effective July 1, 2024

Effective July 1, 2024, the Nevada minimum wage increases from $10.25 or $11.25 per hour to $12.00 per hour for all employees, whether or not the employee is offered health insurance. There is no longer a two-tier minimum wage.

The Nevada’s Department of Business and Industry has released the new Minimum Wage Annual Bulletin and Daily Overtime Annual Bulletin posters. Employers must post the English-language version. Posting the Spanish-language version is optional. The posters notify employees of the new minimum wage and the new wage rates for which overtime may apply.

If non-exempt employees earn less than $18.00 per hour, they are eligible for overtime pay for any time worked in excess of eight hours in a 24-hour period or in excess of 40 hours in a work week. Non-exempt employees who earn more than $18.00 per hour are eligible for overtime pay for time worked in excess of 40 hours in a work week. There are exemptions to the overtime rules, as defined in the regulations.

How:

• Post the updated English-language minimum wage posters.

Additional Resources:

Nevada Minimum Wage Bulletins

2024 Annual Bulletin Minimum Wage Poster English

2024 Annual Bulletin Minimum Wage Poster Spanish

2024 Annual Bulletin Daily Overtime Poster English

2024 Annual Bulletin Daily Overtime Poster Spanish

Who: Santa Fe, New Mexico employers

When: Effective Immediately

The City and County of Santa Fe, New Mexico have increased the minimum wage to $14.60 per hour, effective March 1, 2024, to keep pace with the increase in the Consumer Price Index over the previous 12 months. The City of Santa Fe living wage is applicable to employees in the Santa Fe city limits. The Santa Fe County living wage is applicable to employees in unincorporated Santa Fe County.

City of Santa Fe employers must post the City of Santa Fe Living Wage Poster in English and Spanish at each workplace and next to their business license. Santa Fe County does not update its Santa Fe County Living Wage Poster each year, but employers must post a labor law poster in English and Spanish next to the employer’s business license that states the business is in compliance with Sections 3 and 5 of the minimum wage ordinance.

How: Post the applicable poster in the workplace.

Additional Resources:

City of Sante Fe Living Wage Poster

Santa Fe County Living Wage Ordinance

City of Santa Fe Living Wage Information

Santa Fe County Living Wage

Who:

• Utah employers

When: Effective Immediately

On February 28, 2024, Governor Spencer Cox signed HB 55 into law, which went into effect February 28, 2024. The law prohibits employers from requiring employees to sign confidentiality clauses regarding sexual misconduct as a condition of employment. The law amends the Utah Antidiscrimination Act and prohibits employers from including confidentiality clauses regarding sexual assault or harassment in nondisclosure or nondisparagement agreements. If they are included, they are void and unenforceable.

Employers may not retaliate against persons who do not sign such agreements or make an allegation of sexual harassment or assault. Employees have three days to withdraw from a settlement agreement regarding a nondisclosure or nondisparagement clause related to sexual misconduct.

The law is retroactive and impacts signed agreements back to January 1, 2023.

How:

• Revise the confidentiality clauses in all of your agreements to comply with the law.
• Review and update your employment, separation, severance, and settlement agreements.
• Revise your anti-harassment policies to comply with the law.

Additional Resources:

HB 55

Who: Wyoming employers

When: Effective July 1, 2025

On March 19, 2025, Wyoming Governor Mark Gordon signed Senate File 107, Act No. 87, which bans noncompete agreements with employees, effective July 1, 2025. The law applies to agreements entered into on or after July 1, 2025, that restrict the right of any person to receive compensation for performing skilled or unskilled labor. There are some exceptions, including:

• The purchase and sale of a business or its assets;
• The protection of trade secrets;
• Recovery of expenses for relocating, educating, or training an employee; and
• Executives, management personnel, and their professional staff.

Additionally, noncompete agreements that place restrictions on physicians to freely practice medicine are prohibited. Further, physicians are permitted to contact individuals with rare disorders regarding their new practice and share their contact information.

How:

• Identify which employees may fall under the category of “executive and management personnel.”
• Review and update noncompete policies and employment contracts.
• Consult legal counsel to ensure compliance with the law.

Additional Resources:

SF 107 Enrolled Act No. 87