Colorado: New Public Workers Concerted Activity Protections
APPLIES TO Covered Public Entities in CO |
EFFECTIVE July 1, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (DLSS) adopted final rules for the Protections for Public Workers Act (PROPWA). PROPWA provides concerted activity protections to covered public employees akin to National Labor Relations Act (NLRA) Section 7 rights, as well as protections when participating in the political process while off duty and not in uniform. PROPWA applies to most state and local government employees, except state employees employed in the state personnel system, county employees covered by the Collective Bargaining by County Employees Act, and mass transportation employees covered by the Labor Peace Act.
The final rules clarify definitions of protected activity, including expressive and concerted activity as well as exclusions and restrictions. They also establish anti-retaliation provisions regarding any public employer rule, policy, or action. Finally, the rules address managerial rights and unfair labor practice filings and proceedings. Violations of the rules may result in damages such as back pay and lost dues, reinstatement, orders to cease and remedy violations, and any other authorized relief.
Action Items
- Review the final rules here.
- Update policies and procedures consistent with the rules.
- Have appropriate personnel trained on requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase