Posts

Colorado: Clarification to Recent Wage Order and Extension on Deadlines due to COVID-19

APPLIES TO

All Employers with CO Employees

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS 36) went into effect on March 16, 2020, implementing a number of wage and hour regulations.  However, the Colorado Department of Labor and Enforcement made a number of changes as the wage order went into effect, including provision of a one-month grace period on employer notice requirements and agency-initiated investigations.

Read more

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

APPLIES TO

Employers of CO Employees in Select Industries

EFFECTIVE

March 11, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Read more

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

APPLIES TO

All Employers with CO Employees

EFFECTIVE

December 15, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Read more

March Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

Read more

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

APPLIES TO

All Employers

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Read more

Colorado: Wage and Hour Change is a Comin’!

APPLIES TO

All Employers with CO Employees

EFFECTIVE

March 16, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Read more

Colorado: Updated Tip Pool Notice Requirements

APPLIES TO

All Employers with Tipped CO Employees

EFFECTIVE

August 2, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

Read more

Colorado: Employer Policy Controls Vacation Payout on Termination

APPLIES TO

All Employers with CO Employees

EFFECTIVE

June 27, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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

APPLIES TO

All Employers with CO Employees

EFFECTIVE

January 1, 2021*

QUESTIONS?

Contact HR On-Call

(888) 378-2456

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.

Read more