March 2021 Colorado HR Legal Updates

Colorado Provides Clarity on Paid Sick Leave Obligations for New Hires

Update Applicable to:
All Employers operating in Colorado.

What happened?
On February 23, 2021, the Colorado Department of Labor and Employment (“CDLE” or the “Division”) issued revisions to the Wage Protection Rules, 7 CCR 1103-7, relating to Colorado employers’ paid sick leave obligations under the Healthy Families and Workplaces Act (“HFWA”).

What are the details?
The HFWA requires Colorado employers to provide at least 48 hours of paid sick and safe leave (“PSSL”) each year on either an accrual basis based on hours worked or frontloaded annually. The new rules do not in any way alter this requirement.

In addition to this requirement, though, the law also requires all Colorado employers to provide employees access to up to 80-hours of public health emergency leave (“PHEL”) upon the declaration of a public health emergency by federal, state, or local authorities. In its last iteration of the Wage Protection Rules, the CDLE confirmed that the current COVID-19 public health emergency triggers the requirement to provide PHEL. There remained several ambiguities in the text of the rules, however, particularly concerning how much PHEL new hires or part-time employees are entitled under the law. While some ambiguities remain, the CDLE clarified some issues for employers.

First, the rules make clear that the amount of PHEL to which part-time employees are entitled is tied to when the employee requests PHEL. Full-time employees (employees who work at least 40-hours per week) are entitled to 80-hours of PHEL under the law, but it was previously unclear what amount of PHEL employers needed to provide to part-time employees. The statute’s text and the prior version of the rules provided that such employees were entitled to leave equal to the amount they work in a 14-days, but it was unclear to which 14-days this language referred. The rules now provide that part-time employees receive PHEL in “the greater of the number of hours the employee (a) is scheduled for work or paid leave in the 14-days after the leave request, or (b) actually worked in the 14-days prior to the declaration of the public health emergency or the leave request, whichever is later.”

Having the amount of PHEL part-time employees receive tied to when they request PHEL makes compliance less challenging and fosters administrative ease for employers. By pegging the calculation to an employee’s “live” need for leave, the calculation produces a result that represents the employee’s current working situation, unlike, for example, what the employee might have been working months ago. Importantly, by tying the calculation to an actual need to use leave, employers can reduce the time staff must spend calculating leave that might never be used and instead can more effectively use their time addressing critical business needs during a public health emergency and assisting employees with their actual needs.

The second change makes clear that employees who are hired during a public health emergency are entitled to PHEL. A plain reading of the prior version of the rules—which tied PHEL entitlement to the number of hours an employee worked before the declaration of a public health emergency, or 14-days before or after January 1, 2021—would have excluded employees hired on or after January 15, 2021 from being eligible for PHEL. Thus, the CDLE’s revised language makes clear that all employees are entitled to PHEL regardless of their date of hire because PHEL eligibility is linked to when the employee requests leave.

You can read more about the rule revisions here.  

What do employers need to do?
Employers operating within Colorado should review the above changes to the existing PHEL rules and determine if any changes need to be made to workplace policies.

January 2021 Colorado HR Legal Updates

CDLE Confirms COVID-19 Considered Public Health Emergency for Paid Sick Leave Considerations

Update Applicable to:
All Colorado Employers.

What happened?
The Colorado Department of Labor and Employment (CLDE) has new INFO documents that state that going into 2021 COVID-19 will trigger the Healthy Families and Workplaces Act’s (HFWA) Public Health Emergency provisions.

What are the details?
Those familiar with the HFWA will remember that there was a provision included in the legislation that would grant similar supplemental leave as was provided temporarily to Colorado employees for the duration of 2020. This supplemental leave would only be provided should a state of emergency be declared in the state of Colorado and would be usable for the same reasons as the temporary COVID-19 supplemental sick leave. Many employers were wondering if the provision would be active once 2021 arrived due to COVID-19 meeting the criteria but having been covered already by a previous piece of legislation.

The CDLE has since provided clarification in INFO # 6C that employers will now be required to provide another 80 hours of supplemental paid sick leave to employees, this is from a different pool as the previously required 80 hours of supplemental paid sick leave.

INFO #6C can be found here.

What do employers need to do?
Colorado employers should look to update their management teams about this potential increase in supplemental paid sick leave to avoid workplace confusion.

December 2020 Colorado HR Legal Updates

Overtime Changes for 2021

What happened?
The Colorado Department of Labor and Employment released the new Colorado Overtime and Minimum Wage Pay Standards (COMPS) Order #37, which expands the administrative and professional employee exemptions, incorporates the Colorado Healthy Families and Workplaces Act (HFWA), and mandates pay adjustments for certain employees.

What are the details?
The COMPS order includes clarifications about the transportation worker exemption, including the addition of taxicab drivers into the exemption. The administrative employee exemption has had its definition revised, making it more encompassing. The professional employee exemption has been changed to be more similar to the Fair Labor Standards Act (FLSA), in that it now includes “creative professional(s)”. The order includes some additional information about the Healthy Families and Workplaces Act, which employers may recognize as the legislation mandating Paid Sick Leave effective January 1, 2021. The COMPS order finishes off with information on the new minimum wage, ($12.32) and the increase to salary thresholds that accompany the change to minimum wage.

A more in depth breakdown of the COMPS order can be found here.

COMPS Order #37 can be found here.

 

What do employers need to do?
Colorado employers should review the above information and work with their payroll administrators to ensure compliance with any wage related legislation.

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Updated FAQs: Colorado’s Equal Pay Rules for Job Posting and Pay Transparency

The Colorado Department of Labor and Employment recently released their Interpretive Notice and Formal Opinion #9 (INFO #9), which includes further clarifications on the final rules of the equal pay rules that will be effective January 1, 2021. Husch Blackwell LLP has provided an FAQ that answers questions employers may have using the information on INFO #9. This FAQ can be found here, in the bottom half of the article.

November 2020 Colorado HR Legal Updates

Colorado Voters Pass Paid Family and Medical Leave Law

What happened?
The Colorado voters passed Proposition 118, creating a Paid Family and Medical Leave (PFML) law that will start in full on January 1, 2024.

What are the details?
The PFML program will allow employees to utilize 12 weeks of paid time off for the birth of a child and family emergencies, with an additional four weeks for pregnancy or childbirth complications. Additionally, the time may be used for adoption, military service, and abuse or sexual assault.

Employers will need to start making payroll deductions starting 2023, with the payroll tax starting at 0.9% for the first two years of the program. Employers will split the percentage in half with employees contributing 0.45% and the employer covering the remaining 0.45%. Employers can pay for a larger percentage if they wish. The percent tax will increase each following year up to a cap of 1.2% of each employee’s wages.

The PFML program will cover virtually all employees in the state. Any employees who earn at least $2,500 in wages subject to PFML premiums and have been employed by their current employer for at least 180 days before the commencement of the PFML, will be eligible.

Small employers, defined as employers with fewer than 10 employees, do not need to pay the employer’s share of the premium, though they must still withhold and pay the employee’s contribution into the fund. Local Governments, independent contractors, sole proprietors, partners, and joint ventures are not required to participate in the PFML program. They can, however, opt-in to the program with a minimum of a three-year commitment.

Proposition 118 also creates the Division of Family and Medical Leave Insurance, responsible for creating a notice detailing program requirements, benefits, claims process, payroll deduction requirements, job protection rights, benefits continuation, protection from discrimination and retaliation, and other information. Once this notice is created, employers will need to post it in a conspicuous location and notify employees of the program upon hiring and/or learning that a covered individual is experiencing a triggering event under the program.

An article going over Proposition 118 can be found here.

Proposition 118 can be read here.

What do employers need to do?
Colorado employers should stay aware of the developments that will come in the future regarding this PFML program.

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CDLE Issues Final EPT Rules

What happened?
The Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency Rules (EPT Rules) on November 10, 2020, with additional information on job and promotional postings. The EPT Rules go into effect on January 1, 2021.

What are the details?
For those unfamiliar, Colorado will have a new Equal Pay Transparency law that is effective next year. This law, before these final rules, had required employers with any number of employees inside Colorado to post job openings for jobs outside of the state of Colorado, for all employees. Essentially requiring employers to provide information about jobs located outside the state to candidates also located outside the state. The final rules dictate that the job promotions that happen outside Colorado, the compensation posting requirements and jobs to be performed entirely outside of Colorado do not need to conform to the rules of this law.

The rules also include information regarding:

  • Compensation and benefits information included in job postings
  • Promotional opportunities
  • Exceptions
  • Content of the required notice
  • Employees who must receive notice

A detailed article focused on the EPT Rules can be found here.

The EPT Rules can be read here.

What do employers need to do?
Employers in Colorado should review the above information and read the article. This rule applies to any new job postings and will affect all Colorado employers.

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REMINDER: Colorado Paid Sick Leave Law Effective January 1, 2021

What happened?
The Colorado Senate has passed a bill that will create three mandatory types of sick leave:

  1. COVID-19 Emergency Paid Sick Leave (CO-EPSL)
  2. Paid Sick and Safe Time (PSST)
  3. Public Health Emergency Paid Sick Leave (PHEL)

What are the details?
The Colorado Senate has passed SB20-205, the Healthy Families and Workplaces Act (HFWA). The bill was signed by the President of the Senate on 6/22/20 and remains to be signed by the governor to take effect. The bill will create three distinct sick paid leaves. The paid leaves will take effect at varying times. The sick leaves will be broken down individually below:

CO-EPSL:
Effective (once signed by the Governor) immediately through December 31, 2020, all employers will need to provide CO-EPSL to their employees. This applies to the federally mandated paid sick leave provided by the Emergency Paid Sick Leave Act in the Families First Coronavirus Response Act.

It is not clear what exemptions may exist when a collective bargaining relationship exists between the employer and employees, nor how the federally required leave will interact with the also required Health Emergency Leave with Pay rules that already exist in Colorado.

Details related to the leave provided by the FFCRA can be found here.

Note: the CO-EPSL is the same amount of sick leave provided by the FFCRA. It is only different in that it will be required of all Colorado employers.

PSST:
PSST will first apply only to employers with 16 or more employees starting January 1, 2021, then be applicable to all employers on January 1, 2022. Employees will start accruing one hour of PSST for every 30 hours worked, up to a maximum of 48 hours per year. Employers may frontload the 48 hours instead of accruing per hour worked. It has not been mentioned if this relieves employers of the need to carry over balances, as it does for other states. Therefore, every employee will be allowed to carry over their unused balance, up to 48 hours of PSST, to the following plan year. Employers with existing policies that already meet or exceed the 48 hours of PSST, and the 80 hours provided (assuming the employee is working at least 80 hours every two weeks) will not have to create a new sick plan policy. Unlike other mandatory sick leave programs, PSST has no usage waiting period; Employees may use PSST as they accrue it.

To read more about PSST, including when employees may use it, click here.

PHEL
PHEL is only a supplemental Paid Sick Leave. It will only be applicable in the event of a public health emergency. A public health emergency is defined by the HFWA as:

  • an act of bioterrorism, pandemic influenza, or an epidemic caused by a novel and highly fatal infectious act, for which: 1) a disaster emergency is declared by the governor; or 2) an emergency is declared by a federal, state, or local public health agency;
  • a highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is declared by the governor.

Additionally, the employee can use their PHEL up to four weeks after the official termination or suspension of the public health emergency. The amount of supplemental leave provided varies by the amount of time worked by the employee. The amounts are as follows:

  • For employees who normally work 40 hours or more per week: At least 80 hours.
  • For employees who normally work fewer than 40 hours in a week: At least the greater of either the amount of time the employee is scheduled to work in a 14-day period or the amount of time the employee actually works during an average 14-day period.

For more details on PHEL click here.

The Senate Bill itself is available here.

What do employers need to do?
Employers with employees in Colorado should closely monitor the Governor’s website, as when it is signed it if effective immediately. Paid sick leave policies should be changed to accommodate the new emergency leaves and PSST that will start at the beginning of 2021.

October 2020 Colorado HR Legal Updates

Colorado Department of Labor and Employment Issues Equal Pay Transparency Rules

What happened?
The Colorado Department of Labor and Employment has issued new rules for the Equal Pay for Equal Work Act, effective January 1, 2021.

What are the details?
The new regulation, the equal pay transparency rules, provide clarification on employer requirements to make reasonable efforts to announce or post promotional opportunities to employees. The proposed rules mandate that:

  • The promotional opportunity posting be in writing and include the job title, compensation, benefits, and means by which employees may apply for the position;
  • When posting or announcing the promotional opportunity, the employer must use the employer’s regular and customary method of communication with its employees. For any employees not reachable by that method, the employer must use an effective alternative method to notify those employees;
  • If an employer posts a promotional opportunity rather than communicates the opportunity to each employee, the posting must be displayed in each establishment where employees work, and in a conspicuous location frequented by employees where it may be easily read during the workday. Conspicuous locations include break rooms, employee bulletin boards, and/or adjacent to time clocks, department entrances, and facility entrances; and
  • Although promotional opportunities must be published for everyone, the employer “may state that applications are open to only those with certain qualifications.”

Additionally, the rules clarify that the requirements for posting job opportunities differ depending on where the job is to be located:

  • If an employer has at least one Colorado employee, has a job to be performed in Colorado, and accepts applicants from outside Colorado, it must notify every employee in any state for whom the job would be a promotion.
  • If an employer has at least one Colorado employee, has a job to be performed outside Colorado, and accepts applicants from locales at least as distant as Colorado, it must notify all Colorado employees for whom the job would be a promotion.
  • If an employer has at least one Colorado employee and the job could be performed from anywhere, the employer must notify every Colorado employee for whom the job would be a promotion.

An article going over the information of the rules in a FAQ style can be found here.

The full regulations can be found here.

What do employers need to do?
Employers with employees inside of Colorado should review the above rules to help determine what their workplace policy should look like going into the effective date of the law.

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Colorado Department of Labor and Employment Proposes New WARN rules

What happened?
Earlier this month, the Colorado Department of Labor and Employment (CDLE) proposed new rules regarding whistleblowers, anti-retaliation, non-interference, and notice-giving rules.

What are the details?
The proposed rules touch on the Healthy Families and Workplaces Act (HFWA) and the Public Health Emergency Whistleblower Act (PHEW), and the Colorado Wage Act:

  • Employers must display or otherwise provide to workers a poster informing them of their rights under the HFWA and the PHEW.
  • Employers may use the latest version of the “Colorado Workplace Public Health Rights Poster” to satisfy the poster requirements of both the HFWA and the PHEW, or by using another poster that contains all substantive information in the “Colorado Workplace Public Health Rights Poster” and otherwise satisfies all statutory and rule requirements.
  • Employers must display or otherwise provide to workers a poster informing them of their rights under the HFWA and the PHEW.
  • Employers may use the latest version of the “Colorado Workplace Public Health Rights Poster” (provided by the Department at www.coloradolaborlaw.gov) to satisfy the poster requirements of both the HFWA and the PHEW, or by using another poster that contains all substantive information in the “Colorado Workplace Public Health Rights Poster” and otherwise satisfies all statutory and rule requirements.

The rule also provides an avenue for employees to file complaints of violations of the above rules.

An article going over these changes can be found here.

The Colorado Workplace Public Health Rights Poster can be found here.

What do employers need to do?
Colorado Employers should review the above information and update their workplace postings and notices to accommodate the rights of the employees.

August 2020 Colorado HR Legal Updates

Colorado Hair Discrimination Laws in Effect

What happened?
The Creating a Respectful and Open World for Natural Hair Act of 2020 (CROWN) will be in effect for Colorado employers as of August 5, 2020.

What are the details?
CROWN makes it illegal to discriminate against people for their hair styles or protective hairstyles, specifically for ones that are historically associated with races. Examples of these hairstyles include braids, locks, twists, tight coils or curls, cornrows, Bantu knots, afros, and headwraps.

The full CROWN may be read here.

If they have not yet done so, employers should update their anti-discrimination policies.

July 2020 Colorado HR Legal Updates

Summary of Laws with Upcoming Effective Dates

Hair Discrimination
Effective September 14, 2020, an amendment to the Colorado Anti-Discrimination Act provides that race discrimination includes hair texture, hair type, and protective hairstyles, such as braids, locs, twists, tight coils or curls, cornrows, bantu knots, Afros, and headwraps that are commonly or historically associated with race.

June 2020 Colorado HR Legal Updates

Colorado Passes Law Requiring Employers to Provide Three Types of Paid Sick Leave

What happened?
The Colorado Senate has passed a bill that will create three mandatory types of sick leave, COVID-19 Emergency Paid Sick Leave (CO-EPSL), Paid Sick and Safe Time (PSST), and Public Health Emergency Paid Sick Leave (PHEL).

What are the details?
The Colorado Senate has passed SB20-205, the Healthy Families and Workplaces Act (HFWA). The bill was signed by the president of the Senate on June 22, 2020, and now needs to be signed by the governor to take effect. The bill will create three distinct sick paid leaves. The paid leaves will take effect at varying times. The sick leaves will be broken down individually below:

It is not clear right now what exemptions may exist when a collective bargaining relationship exists between the employer and employees.

It is not clear how the federally required leave will interact with the also required Health Emergency Leave with Pay rules that already exist in Colorado. 

Details related to the leave provided by the FFCRA can be found here.

Note: the CO-EPSL is the same amount of sick leave provided by the FFCRA. It is only different in that it will be required of all Colorado employers.

PSST
PSST will first apply only to employers with 16 or more employees starting January 1st, 2021, then be applicable to all employers January 1st, 2022. Employees will start accruing 1 hour of PSST for every 30 hours worked, up to a maximum of 48 hours per year. Employers may frontload the 48 hours instead of accruing per hour worked. It has not been mentioned if this relieves employers of the need to carryover balances like it does for other states. Therefore, every employee will be allowed to carryover their unused balance, up to 48 hours of PSST, to the following plan year. Employers with existing policies that already meet or exceed the 48 hours of PSST and the 80 hours provided (assuming the employee is working at least 80 hours every two weeks) will not have to create a new sick plan policy. Unlike other mandatory sick leave programs, PSST has no usage waiting period. Employees may use PSST as they accrue it.

To read more about PSST, including when employee’s may use it, click here.

PHEL
PHEL is only a supplemental paid sick leave. It will only be applicable in the event of a public health emergency. A public health emergency is defined by the HFWA as:

  • an act of bioterrorism, pandemic influenza, or an epidemic caused by a novel and highly fatal infectious act, for which: (1) a disaster emergency is declared by the governor; or (2) an emergency is declared by a federal, state, or local public health agency;
    • a highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is declared by the governor.

Additionally, the employee can use their PHEL up to four weeks after the official termination or suspension of the public health emergency. The amount of supplemental leave provided varies by the amount of time worked by the employee. The amounts are as follows:

  • For employees who normally work 40 hours or more per week: At least 80 hours.
  • For employees who normally work fewer than 40 hours in a week: At least the greater of either the amount of time the employee is scheduled to work in a 14-day period or the amount of time the employee actually works during an average 14-day period.

It is not currently clear when exactly PHEL is supposed to be offered by employers. For more details on PHEL click here.

The Senate bill itself is available here.

What do employers need to do?
Employers with employees in Colorado should closely monitor the governor’s website, as it will be effective immediately once signed. Paid sick leave policies should be changed to accommodate the new emergency leaves and PSST that will start at the beginning of 2021.

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Summary of State Laws (Q1 & Q2 2020)

Overtime and Minimum Pay
Effective March 16, 2020, the Colorado Overtime and Minimum Pay Standards (COMPS) Order #36, replacing Minimum Wage Order #35, contains wage and hour changes to include:

  • An increase in salary thresholds for exempt employees
  • Expanded coverage to nearly all employees
  • Modified rest period requirements
  • Expanded posting requirements that include adding a copy of the COMPS Order or poster to a handbook or policy for those employers that distribute a handbook or policies to their workers

For additional information regarding this Order, please refer to this firm’s legal update on this Colorado COMPS Order.

In addition, temporary amendments to the COMPS Order (set to expire July 14, 2020, but proposed to become permanent) include:

  • Analysis of joint employment under Colorado wage and hour law under the versions of the federal Fair Labor Standards Act (FLSA) and applicable FLSA regulations that were in effect as of May 16, 2019 rather than the current FLSA regulations.
  • Reduction of information required in the earnings statements provided to employees each pay period, specifically eliminating an employee’s address, occupation, date of hire, date of birth (if the employee is under the age of 18), and daily record of all hours worked.
  • Requirement that employers provide employees access to required records of their daily hours and a statement of their occupation through either each pay period’s earnings statements (previously mandatory, but now optional), online access to the information (if the employer knows that the employee has an email address) or annually by each January 31, as well as upon a request that an employee can make once per year.

Hair Discrimination
Effective September 14, 2020, an amendment to the Colorado Anti-Discrimination Act provides that race discrimination includes hair texture, hair type, and protective hairstyles such as braids, locs, twists, tight

coils or curls, cornrows, bantu knots, afros, and headwraps that are commonly or historically associated with race.

April 2020 Colorado HR Legal Updates

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

March 2020 Colorado HR Legal Updates

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 $42,500 March 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/sites/default/files/7%20CCR%201103-1%20Colorado%20Overtime%20%26%20Minimum%20Pay%20Standards%20Order%20%28COMPS%29%20Fact%20Sheet_0.pdf

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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:

  • Leisure and Hospitality
  • Food Services
  • Child Care
  • Education (including transportation, food service, and other related workers)
  • Home Health (only if working with elderly, ill, high-risk, or disabled individuals)
  • Nursing Homes
  • Community Living Facilities

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 four days of paid sick leave to staff who have symptoms and are being tested for COVID-19. If a negative result is received prior to four days, paid leave will end.

Additional paid days are not typically required if at least 4 days are provided to staff. However, if the employee currently has less than four days available as of the date of notice to employer of needing leave, an additional four days 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.

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