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Colorado: Emergency Temporary Paid Sick Leave Relief Enacted for Select Industries

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March 11, 2020

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On March 10, 2020, the Colorado Governor instructed the Colorado Department of Labor and Employment to issue emergency regulations implementing mandatory paid sick leave for employers in the following industries: leisure and hospitality; food services; child care; education, including transportation, food service, and related work at educational establishments; home health, if working with elderly, disabled, ill, or otherwise high-risk individuals; and nursing homes and community living facilities. The rule applies to all businesses who have employees working in any of these types of industries, but only for that portion of the business or employees working in that sub-division or sub-unit that are covered by the rule.

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Colorado: Add New Vacation Pay Requirements to the List of Wage and Hour Changes

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December 15, 2020

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In addition to the bevy of wage and hour changes we previously reported on, the Colorado Department of Labor and Employment (DLE) adopted its proposed rule concerning vacation pay. Generally speaking, Colorado employers have been required to pay out an employee’s accrued, unused vacation pay upon separation of employment; but a June 2019 Court of Appeal case said that employers could place restrictions on such payments as part of their workplace policies or agreements.

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March Updates

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This Short List addresses the following topics:
  1. Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
  2. 10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
  3. California: Wage and Hour Concerns for Coronavirus
  4. California:  Emergency Wildfire Smoke Regulations Renewed Again
  5. Denver, CO: Anti-Discrimination Protections Expanded
  6. District of Columbia: Notice Requirements for Paid Family Leave
  7. Illinois: Guidance Issued on Sexual Harassment Requirements
  8. Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
  9. St. Louis, MO: Ban-the-Box in Effect for Private Employers
  10. New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
  11. New York: Statewide Salary History Ban FAQs
  12. New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
  13. Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
  14. Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

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New Form W-4 Does Not Apply to All State Tax Withholding – Are You Using the Right Forms?

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January 1, 2020

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In December 2019, the IRS issued a new Form W-4 to reflect the elimination of withholding allowances because individuals can no longer claim personal or dependency exemptions. While this was intended to allow for more accurate federal tax withholding calculations, it raises the question of what employers should do with respect to state tax withholding requirements.

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Colorado: Wage and Hour Change is a Comin’!

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March 16, 2020

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On January 22, 2020, the Colorado Department of Labor and Employment (CDLE) published a final rule for the Colorado Overtime and Minimum Pay Standards (COMPS) Order #36, with sweeping changes to the state’s wage and hour laws. Specifically, COMPS replaces the Colorado Minimum Wage Order in an attempt to provide clarity to the rules. Most significantly, COMPS will now apply to all industries.

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Colorado: Updated Tip Pool Notice Requirements

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August 2, 2019

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Colorado employers using tip pools must now comply with revised notice requirements under HB 1254. Specifically, tips are considered the sole property of employees unless the employer publishes a sufficient notice (including on menus, table tents, or receipts) informing each customer that the tips are shared by the employees. Under the former law, employers could only keep a portion of the tips received if they noticed the customer base with a 12 x 15 inch posting; now, employers may not keep any portion of tips.

The bill specifically states that it does not prevent required tip pooling. However, it remains unclear whether the bill applies to voluntary tip pools where the decision to share tips is made by the individual receiving the tips.

Action Items

  1. Review the new bill here.
  2. Update tip pool notices consistent with new requirements.
  3. Update payroll practices to exclude employer retention of tips.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

October Updates

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This Short List addresses the following topics:
  1. OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
  2. Ninth Circuit: ERISA Claims May be Arbitrated
  3. California: PAGA-only Claims May Not Seek Unpaid Wages
  4. Petaluma, CA: Minimum Wage Increases on January 1, 2020
  5. Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
  6. Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
  7. New Jersey: Hairstyles are Protected under the Law Against Discrimination
  8. Bernalillo County, NM: Enacts Wellness Act
  9. New York: Hairstyles are Protected under the State Human Rights Law
  10. Toledo, Ohio: Salary History Inquiries Banned
  11. South Carolina: State Supreme Court Abolishes Common Law Marriage
  12. Dallas and San Antonio, TX: Paid Sick Leave Update

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Colorado: Employer Policy Controls Vacation Payout on Termination

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All Employers with CO Employees

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June 27, 2019

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In Nieto v. Clark’s Market, Inc., the Colorado Court of Appeal stated that the employer and employee’s agreement determines how accrued vacation time is handled at termination. Specifically, the state Wage Claim Act, which states in part that the employer must pay all earned vacation upon termination “in accordance with the terms of any agreement between the employer and the employee,” does not create an independent right of employees to receive vacation payout upon termination.

There, the employer’s vacation policy provided for payout of earned vacation time upon termination if the employee provided at least two weeks’ advance notice of leaving employment; however, vacation benefits are forfeited if insufficient notice was provided or the employee is terminated. The court stated that the employer’s policy controlled, and the employee did not meet the requirements. Employers should have vacation policies reviewed accordingly, and should seek legal counsel before refusing to pay out earned vacation upon termination where a vacation policy is silent on those terms.

Action Items

  1. Have vacation policies and termination procedures reviewed for compliance.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Colorado: Expansive New Equal Pay Bill Introduces New Restrictions in Salary Inquiries and Job Postings

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All Employers with CO Employees

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January 1, 2021*

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On May 22, 2019, the Colorado governor signed the Equal Pay for Equal Work Act (Senate Bill 19-085) (the Act) into law.  The Act introduces a number of new regulations that employers must take heed of, and is set to go into effect on January 1, 2021, barring a petition and vote otherwise.

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Colorado: Limits on Job Applicants’ Criminal History Inquiries

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All Employers with CO Employees

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September 1, 2019 and September 1, 2021

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Effective September 1, 2019 for employers with 11 or more employees, and effective September 1, 2021 for employers of all sizes, HB19-1025 prohibits employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant’s criminal history on an initial application.

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