Despite the recent surge in COVID-19 cases, many Americans are still returning to the office. Kastle Systems, a large security services provider, reported that an average of 32.1 percent of employees across ten big cities were returning to work as of August 11, 2021. On August 23, 2021, the Food and Drug Administration (“FDA”) granted full approval to Pfizer/BioNTech’s COVID-19 vaccine. Polls have shown that the FDA approval will lead to an increase in vaccinations. While many people are not going back to the office, most Americans do have plans to return to work. As a result, employers are working to create return-to-work plans, while employees are left wondering about the extent of their rights. The Americans with Disabilities Act (“ADA”) covers employers with 15 or more employees, including government employers, agencies, and labor organizations. The ADA imposes restrictions on the amount and type of medical information that an employer may obtain from an employee or applicant in order to prevent discrimination on the basis of a disability. The ADA has been dissected to better understand the regulations that govern the return to the workplace.
Colorado Overtime and Minimum Pay Standards Order (“COMPs Order”) #37 has replaced COMPS Order #36 (2020), which substantially expanded coverage in meals and break requirements, minimum wage and overtime requirements to almost every private employer in Colorado. The changes are designed to provide consistency between minimum wage, overtime and paid sick leave standards under the new Colorado Healthy Families and Workplaces Act (“HFWA”). Some changes include increasing Colorado’s minimum wage, making exemptions to COMPs #37 more stringent, and continuing paid sick leave benefits through 2021 due to the pandemic. These new employee-friendly adjustments have been adopted and became effective on January 1, 2021.