CO
Interpretive Notice
INFO #5
February 15, 2024
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Summary: Retaliation or Interference Against Exercising Labor Rights
Summary: This short Division notice is a roadmap to the "INFO #5 series" on Colorado's retaliation and interference protections: what counts as protected activity (claiming wage or leave rights, raising safety concerns, discussing pay, union activity, etc.), what adverse actions are illegal if retaliatory (firing, discipline, pay cuts, hostile treatment, reporting immigration status, etc.), employer notice and anti-waiver duties, and how complaints, investigations, and remedies work. Each topic is detailed further in a companion INFO (#5A-#5C). It matters to any Colorado employer or employee dealing with a possible retaliation claim.
About this page: The full text below is the official document from Colorado Division of Labor Standards and Statistics (CDLE). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
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Division of Labor Standards and Statistics
707 17th Street, Denver, CO 80202 | 303-318-8441
www.ColoradoLaborLaw.gov | www.LeyesLaboralesDeColorado.gov
Interpretive Notice & Formal Opinion ("INFO") #5:
Summary: Retaliation or Interference Against Exercising Labor Rights
Summary: It's illegal to interfere with, or retaliate against, people exercising rights under various laws.
What's "Protected Activity" That It's Illegal to Retaliate or Interfere Against [Details in INFO #5A]
- claiming wage rights: minimum wage, overtime pay, rest/meal breaks, pay earned for time worked, etc.
- using paid or unpaid leave for health or safety needs, or requesting disability accommodations
- raising concerns about workplace health and safety practices, or using personal protective equipment
- claiming agricultural work safety rights such as heat protection (water, shade, etc.) or access to services
- discussing, or refusing to disclose, pay rates from current or past jobs
- concerted activity, such as union activity or other types of advocacy for pay or work conditions
- complaining of, or opposing, violations of these rights (this Division enforces and interprets some but not all of these retaliation and interference rights, as INFO #5A explains)
"Adverse Action" That Is Illegal If It Retaliates or Interferes with Protected Activity [Details in INFO #5A]
- termination, demotion, or undesired transfer
- cutting pay, hours, or work benefits or privileges
- suspension or discipline
- filing meritless complaints or charges
- a hostile work environment
- reporting immigration status
- threatening any of the above, or any other acts that may deter protected activity
Compliance Responsibilities: Notice of Rights; Interference; Unlawful Waivers [Details in INFO #5B]
- Workers must get effective notices of their rights, by a mix of posters and individual notices — including in Spanish, or often other languages spoken by enough of an employer's workforce.
- Policies or agreements waiving certain rights are unlawful, including those that —
- waive or deny wage or paid leave rights an employee is entitled to, or
- limit disclosure of information about workplace health, safety, or pay rates.
Complaints, Investigations, and Remedies [Details in INFO #5C]
- Some complaint types can be filed in this Division, but others must be filed in court.
- Violations may be remedied by varied ways by courts or this Division, including:
- fines, which can be significant in amount, and can be daily if violations continue
- damages awards, which can compensate lesser pay for a period after an illegal firing, non-hiring, etc., and in some cases can include emotional distress or punitive damages
- attorney fees and other expenses of a complainant who proves a violation
- orders to remedy illegal acts — reinstate illegally fired employees, change illegal practices, etc.
For More Information: Visit the Division website, call 303-318-8441, or email [email protected].
INFOs are not binding law, but are the Division's officially approved opinions and notices to employers, employees, and others on how the Division applies and interprets statutes and rules. The Division continues to post and update INFOs on various topics; for up-to-date INFOs, rules, and other materials, visit the Division's Laws, Regulations, & Guidance page. Last updated Feb. 15, 2024.