01 May

April 2020 Colorado HR Legal Updates

Posted at

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Overtime and Minimum Pay Standards Order

What happened?
Colorado passed new minimum wage requirements effective March 1, 2020 and July 1, 2020 (new exempt salaries).

What are the details?

  • Minimum salary threshold to be exempt has increased to $35,568 beginning July 1, 2020.
  • “Owners” who manage a business and have 20% ownership do not need to receive a salary to be exempt.
  • The highest-ranked and highest-paid employee of a non-profit is considered exempt if the employee meets the minimum salary requirements listed above.

What do employers need to do?
Review all positions and wages to determine eligibility/coverage and adjust as necessary. Contact your HR Manager if you need further assistance.

Resources
https://www.colorado.gov/pacific/cdle/news/labor-department-adopts-new-colorado-overtime-and-minimum-pay-standards-rule

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Colorado Health Emergency Leave with Pay (HELP)

What happened?
On March 11, 2020, HELP was passed to provide paid leave in limited industries to staff who are suffering from flu-like symptoms who are being testing for COVID-19.

What are the details?
All employers and employees in one of the following industries or jobs are covered under this law:

  • Retail Establishments that Sell Groceries – amended on March 26, 2020
  • Leisure and Hospitality
  • Food Services
  • Child Care
  • Education (including transportation, food service, and other related work)
  • Home Health (only if working with elderly, ill, high-risk, or disabled individuals)
  • Nursing Homes
  • Community Living Facilities

Amended on April 27, 2020 to include the following:

  • Retail (other than establishments that sell groceries)
  • Real Estate and Leasing
  • Offices and Office Work
  • Personal Care Services
  • Elective Health Services

This law is effective on March 11, 2020 and will continue for at least 30 days or until expiration of emergency order from the governor, whichever is later.

What do employers need to do?
Offer up to two weeks of paid sick leave at two-thirds of their regular pay to staff who have symptoms and are being tested for COVID-19. This also includes, per March 26, 2020, those under instructions from a healthcare provider to quarantine or isolate due to a risk of having COVID-19, regardless if the individual is seeking testing. If a negative result is received prior to two weeks, paid leave will end.

Additional paid days are not typically required if at least two weeks are provided to staff. However, if the employee currently has less than two weeks available as of the date of notice to employer of needing leave, an additional two weeks of paid leave must be provided.

During this time, an employer may request documentation from employees to show the need for leave and employees are required to give notice as soon as possible of their need for leave unless they are too ill to communicate. The employee must also notify the employer within 24 hours of being tested for COVID-19 and provide documentation as required by the employer either the end of their illness, or their return to work, whichever is sooner. Per the April 27, 2020 amendment, the employee must (1) receive a negative test, (2) be fever-free for 72 hours, and (3) other symptoms must be resolved.

In addition, the employee cannot return to work until they have been off for at least seven calendar days (10 if healthcare worker). 

The employer may require the following, but this documentation is not required to take HELP:

  1. Doctor’s note (name, contact information, type of healthcare provider) with a prescription for COVID-19 test OR related documents as available, with a written note from the employee explaining the doctor’s note is not available. The employee does not need to provide why the document is not available, only an outline of which documents are unavailable.
  2. Documentation from the COVID-19 test provider (name, contact information, type of provider) to show the test was performed OR related documents as available with a written note from the employee explaining the provider’s note is not available. The employee does not need to provide why the document is not available, only an outline of which documents are unavailable.

https://www.colorado.gov/pacific/cdle/colorado-health-emergency-leave-pay-%E2%80%9Ccolorado-help%E2%80%9D-rules

https://www.littler.com/publication-press/publication/colorado-expands-coverage-and-amount-leave-under-health-emergency

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