Legal Ideas & Information - FJGG Newsletter - September 2019

THE LEGAL EDGE


Legal Ideas & Information - September 2019
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Part II: Changes to Forced Pooling and Newly Required Rules Build Barriers to New Development.

Part I of this article discussed SB 181’s realignment of the COGCC and its delegation of surface impact regulation to Local Governments. To date, many Local Governments across the Front Range are pressing pause to reassess their own regulations, while others are acting quickly to mold their new regulatory authority to meet the public opinions of their own constituents. Part II of this article contemplates how SB 181’s modifies the forced pooling process and requirement for new COGCC public health and safety rules may practically serve to impede new oil and gas development in the State of Colorado.

 

Despite the passage of the federal Equal Pay Act of 1963, which made it unlawful to engage in pay discrimination based on sex, women still tend to earn significantly less than their male counterparts for the same work.  In an effort to bolster the state’s pay-equity regulations, the Colorado legislature passed Senate Bill 19-085, entitled the “Equal Pay for Equal Work Act” (the “Act”), C.R.S. § 8-5-101, et seq.  The Act, which takes effect on January 1, 2021, will impose a host of new regulations upon employers and make it easier for aggrieved employees to access the courts.  Some of the most significant changes are as follows.

A.  New Regulations.

Part 1 of the Act makes it unlawful for an employer to discriminate on the basis of sex by paying an employee of one sex a wage less than the rate paid to an employee of a different sex for substantially similar work, regardless of the employees’ job titles, unless the employer can prove each of the following elements:

  1. that the differing wages have resulted from: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; differing geographic locations where the work is performed; differing levels of education, training, or experience to the extent that they are reasonably related to the work in question; or travel, if the travel is regular and necessary condition of the work performed;

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Senate Bill 181 and its Effect on Oil and Gas Development in the State? Part II

New Law for the Promotion of Equal Pay – Senate Bill 19-085: Equal Pay for Equal Work Act

May I File for “Custody” in Colorado?

Short-term Rentals in Colorado
 

Whether you are seeking a divorce that involves minor children, or looking to establish “custody,” a common question arises: Where do I file my custody case? This question is particularly important if your case involves a parent who lives in a different state than the child, or if you just recently relocated, or are thinking of relocating, to a new state. For purposes of this article, “child” refers to child or children.

First, it is important to understand that Colorado does not use the term “custody.” Instead, Colorado allocates “parental responsibilities.” Parental responsibilities are broken down into two major components: (1) who has decision making responsibility over the child, and (2) what does the parenting time schedule look like for the child and the parents.

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A short-term rental is generally when you rent out a residential property or part of a residential property for less than 30 days. Laws exist and continue to be made that can restrict short-term rental properties. Let’s walk through an example. Ms. Mother lives out of the State of Colorado but has a son who is married and lives in Colorado. She visits often and has long-term plans to move to Colorado to be near her son, her daughter-in-law and any future grandchildren, but she isn’t quite ready to move to Colorado at this time. Ms. Mother thinks it would be a wise investment to purchase some property in the same neighborhood as her son, use it when she visits for extended stays, but rent it out to people who may want to vacation or rent the place for less than 30 days at a time. Ms. Mother may not be able to do this, depending on where son’s neighborhood is located. It is important to seek the advice of a real estate broker and an attorney to navigate plans to purchase an investment property intended to be used for short-term rentals. What happens if son lives in Denver in this situation?

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Meet The Attorneys

Picture of attorney Caroline Veltri

Ms. Veltri received her Juris Doctor from the University of North Carolina School of Law in 2015. Her practice focuses in the areas of real estate, construction defects, litigation, association law, land use and insurance defense. Caroline is also a competitive athlete. She has qualified to compete at the 2020 Olympic Marathon Trials.

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This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. 
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