Colorado Records laws & HR compliance analysis

Colorado Records: What you need to know

The information provided here highlights some of the more important recordkeeping requirements that apply to most employers in Colorado, regardless of industry. There may be other state recordkeeping requirements that are specific to certain businesses or industries. In addition, there are many federal statutes that require employers to keep certain records related to employment. Additional information on federal recordkeeping requirements is available.
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The time period for retaining records set forth in the various statutes is minimum. Because these records are critical to the employer if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, employers may want to retain employment-related records for longer periods. Moreover, the penalties for not keeping required records may be severe.
Covered employers. Effective September 1, 2019, private employers with 11 or more employees are prohibited from stating in a job advertisement or on a job application that a person with a criminal history may not apply, and may not inquire into, or require disclosure of, a job applicant’s criminal history on a job application form (CO Rev. Stat. Sec. 8-2-130). Effective September 1, 2021, the law applies to all employers regardless of size.
Required. A person claiming a violation of the law may file a complaint with the Colorado Department of Labor and Employment (CDLE). Complaints must be filed within 12 months after the alleged violation. Employers must retain records during a pending investigation.
To be retained. The CDLE will adopt rules and requirements for retaining relevant employment records ...

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