With the Colorado legislative session well underway, we have identified several bills of interest that Colorado employers should monitor. If enacted, these bills would expand worker protections and require certain employers to update their policies or procedures. While several of the bills authorize a private right of action, awareness and proactive compliance can help employers avoid costly litigation.
The following list provides summaries of the relevant bills for Colorado employers:
1) Worker Protection Collective Bargaining (HB26-1005)
House Bill 26-1005 would alter the Labor Peace Act, which governs labor organizing and collective bargaining agreements. It would protect workers’ rights not only to bargain collectively, but also to do so on any mandatory subject of bargaining. It would also eliminate the current requirement for a second election to negotiate a security agreement clause as part of the collective bargaining process.[1] Additionally, the bill would declare that it is not an unfair labor practice for either the employer or the exclusive representative of the employees to reject a lawful proposal made by the other, provided the refusing party bargains in good faith with the other. Finally, House Bill 26-1005 would require employers and employees to bargain in good faith.
This bill would alter the collective bargaining process, notably providing employees with greater protection while also giving both them and their employers more leeway to refuse terms proposed by the other.
2) Protections for Worker Safety (HB26-1054)
House Bill 26-1054 would bring Colorado’s workplace health and safety laws into alignment with OSHA’s new interpretation of the General Duty Clause, which requires employers to ensure the workplace is free from recognized hazards. In accordance with OSHA’s recent interpretation, this bill would exempt certain hazards arising from inherently risky employment activities in sectors such as professional sports, high-risk recreation, and hazard-based journalism. Bill supporters say this change could save certain industries thousands of dollars in fines.
House Bill 26-1054 would also create a general duty for employers to (1) ensure that each workplace is constructed, equipped, arranged, operated, and conducted so as to provide reasonable and adequate protection to the lives, health, and safety of all employees, and (2) comply with standards for workplace health and safety adopted by rule by the Division of Labor Standards and Statistics in Colorado’s Department of Labor and Employment.
The resulting statutory changes, if enacted, would create a private right of action for aggrieved persons, opening another avenue for penalties and a potential injunction prohibiting work until the violation is remedied.
3) Job Protection for General Assembly Members (SB26-087)
Senate Bill 26-087 would entitle employees who are also members of Colorado’s General Assembly to job-protected leave during a regular or extraordinary session of the general assembly. Employees would need to provide their employer with written notice at least thirty days before a regular session and as soon as practicable before an extraordinary session. While the employer would have the discretion to make the leave paid, unpaid, or partially paid, the bill would guarantee an employee’s same or equivalent position upon return. However, employees who regularly manage more than twenty employees and those whose annual income exceeds 120% of the area median income (as defined by the United States Department of Housing and Urban Development) would not qualify for such leave.
If passed, this bill would create yet another type of leave for Colorado employers to keep track of. The bill would become effective on January 1, 2027.
4) Workers’ Compensation Insurance Coverage Verification (SB26-093)
Senate Bill 26-093 would prevent a governmental entity from issuing or renewing a building permit, construction permit, or contractor’s license without first verifying that the applicant, contractor, and all subcontractors either have valid workers’ compensation insurance or have rejected such coverage. In turn, the permit holder or contractor would need to ensure that all subcontractors or any person performing work under the permit have provided proof of workers’ compensation insurance or proof of rejection of coverage.
Violations of this bill would lead to the permit’s revocation and penalties. The permit would not be reinstated until the required verification occurred and the penalties were paid. If enacted, employers involved in construction would need to ensure compliance not only to avoid penalties, but also to prevent costly project delays.
5) Agricultural Employee Overtime Protections (SB26-081)
Senate Bill 26-081 would eliminate the long-standing exclusion of agricultural workers from overtime protections, making overtime pay requirements consistent with those for other workers. As with other employees in Colorado, agricultural workers would be entitled to overtime pay (one and a half times their regular rate of pay) for all work performed over (1) forty hours in a week, (2) twelve hours in a workday, or (3) twelve consecutive hours regardless of the start and end time of the work shift.
If passed, the bill would become effective on January 1, 2027. It could have a significant impact on the agricultural industry in Colorado, increasing costs and providing another path to litigation if employers are not compliant.
6) Surveillance Wage Setting (HB26-1210)
House Bill 26-1210, in relevant part, would prohibit employers from using an automated decision system to determine individual wages based on surveillance data. An automated decision system is information derived from any technology, software, program, machine-based system, or computational process that uses artificial intelligence or other data processing techniques to assist, inform, or replace human decision-making. An example of prohibited conduct cited by the bill is technology that uses the fact that a worker received a payday loan to infer desperation and thus set a lower wage. However, it would not prohibit the use of data related to an individual’s performance or the workplace location’s cost of living, provided the employer discloses to all affected workers what data is used and how it is used.
Violation of this bill would be considered a deceptive trade practice under the Colorado Consumer Protection Act. The bill would also create a right of action for the attorney general, district attorneys, or aggrieved persons. It would require employers to review their hiring and wage practices and ensure proper disclosure when permitted automated decision systems are used. Furthermore, employers would not be permitted to set wages on an individual basis unless such determinations were justified by allowable factors, such as variations in the cost of living across different locations.
7) Non-Employment Educational Opportunities Background Check Information (HB26-1143)
House Bill 26-1143 would prohibit an entity from requiring an individual to provide a social security number for a background check for a non-employment-based educational opportunity unless the entity also accepts an individual taxpayer identification number in lieu of a social security number. This bill would only apply to certain entities, specifically 501(c)(3) nonprofit organizations, volunteer organizations, state institutions of higher education, local district colleges, grade schools, hospitals, clinics, and certain medical service providers. It would require these entities to accept either an individual’s Social Security number or their taxpayer identification number for use in a background check for non-employment-based educational opportunities such as unpaid internships, clinical experiences, pre-apprenticeships, and volunteer roles.
If enacted, qualifying entities in violation of this bill could incur an initial fine of $2,000 and additional fines of $5,000 for each subsequent violation.
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As Colorado’s employment landscape continues to evolve, it brings additional protection for employees and, consequently, additional requirements for employer compliance. If enacted, these bills would require Colorado employers to adapt quickly, update internal policies, and remain vigilant to avoid new avenues of liability and litigation. We will continue to monitor the progress of each bill and be prepared to provide proactive, practical guidance to help ensure employers’ policies and practices remain compliant.
If you have any questions about these potential changes, please contact Barbara Grandjean, Ashley Jordaan, Shawna Ruetz, Keith Ybanez, Owen Davis, Marina Fleming, Charlotte Rhoad, or your local Husch Blackwell attorney.
[1] Note that this portion of HB26-1005 was vetoed in 2025 by Governor Polis.