Multiple Colorado Employer Law changes

This posting outlines recent and upcoming changes to Colorado employment law that may affect employers and employees.

Paid Family and Medical Leave

Proposition 118 establishes a statewide paid family and medical leave program, funded through a payroll tax shared by employers and employees. Key details include:

• 12 weeks of paid leave for family and medical reasons, with an additional 4 weeks for pregnancy or childbirth complications.
• Premiums begin January 1, 2023, and benefits become available January 1, 2024.
• Employers cannot retaliate against employees for requesting or using paid leave.
• Applies to employers with 10 or more employees.

Criminal History Inquiries

The Colorado Chance to Compete Act ("ban the box" legislation) restricts employers from inquiring about criminal history. Effective dates and provisions include:

• As of September 2019, applies to employers with 11 or more workers; expands to all employers in September 2021.
• Prohibits checkboxes on applications asking about felony convictions.
• Bans job postings stating that individuals with a criminal history cannot apply.

Equal Pay for Equal Work Act

Effective January 1, 2021, this act aims to increase pay equity and transparency. Key requirements include:

• Prohibits sex-based pay discrimination for substantially similar work in skill, effort, and responsibility.
• Permissible pay differences may arise from:
  • Seniority or merit systems.
  • Quantity or quality of production.
  • Geographic location.
  • Education, training, or experience reasonably related to the work.
  • Regular and necessary travel.
• Employers cannot prevent employees from discussing compensation or require waivers of such discussions.
• Prohibits asking job candidates about wage history or relying on it to determine wages.

Job-Posting Notices and Recordkeeping

New requirements for job postings and recordkeeping include:

• Employers must announce promotion opportunities to all current employees on the same calendar day.
• Job postings must disclose the hourly wage or salary range and a general description of benefits and other compensation.
• Employees can report violations to the Colorado Department of Labor and Employment within one year.
• Employers must retain job descriptions and wage history records for each employee during employment and for two years post-termination.

Colorado Overtime and Minimum Pay Standards (COMPS) Order

COMPS 36 applies to nearly all private employers in Colorado. Key provisions include:

• Minimum guaranteed salary for exempt employees is $40,500 as of January 1, 2021.
• Non-exempt employees must be authorized and permitted to take a 10-minute rest period; failure to do so requires an additional 10 minutes of pay per missed break.
• Two 5-minute breaks may substitute for a 10-minute break if they are actual breaks.

Healthy Families and Workplaces Act

Paid sick leave requirements for Colorado employers:

• Effective January 1, 2021, for employers with 16 or more employees; expands to all employers January 1, 2022.
• Employees accrue 0.033 hours of sick leave for every hour worked.
• Sick leave may be used for:
  • Mental or physical illness, injury, or health condition preventing work.
  • Seeking medical care, diagnosis, or preventative care.
  • Addressing domestic abuse, sexual harassment, or harassment (e.g., medical, legal, or victim services).
  • Public health emergencies resulting in school or business closures.
• Documentation may be required for leave lasting four or more consecutive workdays.
• Sick leave may be requested in any reasonable manner and used in hourly increments.