Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR COLORADO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see www.agent77.com/legal for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR COLORADO to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see www.agent77.com/legal for a copy of the current license agreement. Colorado Regs
What s New 030110 New sections added on Emergency Services Leave, and updated section on Family Leave to include leave required in the Parental Involvement Act. 010107 As of January 1, 2010 Colorado s minimum wage is $7.24 per hour. Tipped employees may be paid $4.22. 010107 As of January 1, 2007 Colorado s minimum wage is $6.85 per hour. Tipped employees may be paid $3.83. 010107 New sections added on Job Reference Liability, Breastfeeding Rights and Smoking in the Workplace. 010108 As of January 1, 2008 Colorado s minimum wage is $7.02 per hour. Tipped employees may be paid $4.00. 010109 As of January 1, 2009 Colorado s minimum wage is now $7.28 per hour. Tipped employees may be paid $4.26. 111112 - Changes were made to the following sections: Discrimination, Child Labor, Emergency Services Leave, Family Leave, Payment of Wages, Job Reference Liability, Jury Duty and Victims of Violence Leave, Work Hours and Breaks, Military Leave and Minimum Wage. A new section was added for New Hire Reporting. 040813 - Changes were made to the following sections: State Continuation of Benefits, Minimum Wage, Family Leave and Discrimination. 071513 - The Family Care Act was added and changes were made to the section on Discrimination. A section on Work Authorization was added. 010114 Effective 1/1/14 the minimum wage is $8.00. 041014 Changes were made to the following sections: New Hire Reporting and Minimum Wage. Colorado Regs
Introduction Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Colorado. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Colorado and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Colorado Regs 1 of 11
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR COLORADO Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Colorado Regulation $.8.00 / hour Tipped employees may be paid a minimum of $4.98 Some localities have a higher minimum and some exceptions apply. Record keeping and posting requirements apply. It is illegal for employers to deny presents, tips or gratuities intended for employees. Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked for: o Hours worked over 40 in a week. o Hours worked over 12 in a workday. o Hours worked over 12 consecutive hours regardless of the start and end time of the work shift Employees must be paid at least every month, no more than 10 days after the close of the period. Pay days must be posted Final paychecks must include any accrued vacation, if such is the agreement between the employer and employee. Final paychecks must be delivered no later than the following payday for voluntary terminations and on the last day of employment for involuntary terminations. Employees cannot be prohibited from discussing his/her own wages. Employees working at least 5 consecutive hours must be given a 30-minute or more unpaid meal break. Employees must have a 10-minute rest break for each 4 hours worked. Federal and Colorado law prohibit minors in certain occupations. See the U.S. Department of Labor and the Colorado Department of Labor & Enforcement for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work. New Hire Reporting Colorado requires employers to complete an Affirmation of Legal Work Status form. Employers are required to retain verification documents. Colorado Regs 2 of 11
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR COLORADO Family Leave Voting Time Military Leave Employers with 50 or more employees: o Must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours o Leave must be granted for birth or adoption of a child, serious medical condition of the employee, or to care for a family member with a serious medical condition, qualifying exigency for military leave and serious injury or illness of covered service members for military family leave. o Employee must be reinstated to same or equivalent position after completion of leave o Benefits must be maintained during leave Employees who adopt a child (other than the child of their spouse) must be granted leave if the employer offers leave for the birth of children. Companies must provide up to 6 hours of leave per month (40 hours in a given school year) in 3-hour increments for employees to attend school conferences or activities. This leave is unpaid. Effective August 7, 2013 the state has enacted the Family Care Act. Up to 2 hours for any election where employee is qualified to vote, provided employees do not have 3 hours of unscheduled time when polls are open. Request must be made prior to Election Day. Employer can specify times for leave. Employees must be granted up to 15 days of unpaid leave in any calendar year to attend military training. Employers must grant up to 5 years of military leave. Employee must be reinstated to same or equivalent position after completion of military leave. Employers may not terminate or threaten to terminate any employee called to military service. Special benefit rules apply for military leave. Colorado Regs 3 of 11
QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR COLORADO Emergency Services Leave Employees who are volunteer firefighters may not be discharged for taking unpaid time from work to respond to an emergency. Employees who are members of the Civil Air Patrol or Colorado Wing are entitled to up to 15 work days in one leave year. Jury Duty and Victims of Violence Leave Breastfeeding Rights Smoking in the Workplace Job Reference Liability Discrimination and Harassment Work Authorization Continuation of Benefits Leave is required, and must be paid for the first three days of service up to $50 per day Employee must be reinstated to same position after completion of jury duty Victims of domestic abuse must be granted 3 days of leave in a 12-month period (paid or unpaid) to attend court, get medical attention or receive other services necessary to remedy a domestic crisis Mothers must be allowed to breastfeed their child in any place that they otherwise are allowed to be. Employers must provide nursing mothers unpaid break time (or permit a mother to use paid break or meal time) and a private place to express breast milk. Colorado prohibits smoking in most indoor spaces. For exceptions, see below. Employers who give out information about current or former employees, limited to information on job history or performance, are generally protected from civil liability. Colorado prohibits employers from discriminating based on ancestry or national origin, race or color, religion or creed, age, physical/learning or mental disability, military service, marital status, age, sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions), workplace harassment, sexual orientation or gender identity, civil unions, AIDS/HIV, genetic testing results (GINA), or legal conduct off-site during non-working hours. Employers have an affirmative duty to examine documents for new employers in addition to the I-9 requirements. Details and contact information is listed below. Colorado Regs 4 of 11
Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Colorado minimum wage is $8.00 per hour and is to be adjusted annually. Employers may pay tipped employees a minimum of $4.98 per hour, provided that the total wages plus tips come to at least the minimum of $8.00 per hour. This applies to employees who regularly receive more than $30.00 per month in tips. Further, it is illegal for employers to deny presents, tips or gratuities intended for employees. Employers may pay unemancipated minors 15% below the state minimum wage rate, but full minimum wage must be paid to emancipated minors. Be aware that certain local governments in Colorado have a higher minimum wage for employees in their jurisdictions. Be sure to contact your city or county government to see if there are any local minimum wage rules for your business. Every employers in an industry regulated by wage order must keep a copy of the order posted in a conspicuous place in such employer's establishment. Every employer must keep a register of the names, ages, dates of employment and residence addresses of all employees and an accurate record of the employee's name, address, social security number, occupation, date of hire and the employee's date of birth. If the employee is under 18 years of age, a daily record of all hours worked, a record of allowable credits and declared tips, the employee's regular rate of pay, gross wages earned, withholding made and net amount paid each pay period must be kept. Finally, both federal and Colorado regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons and unemancipated minors as well as for certain occupations. Please contact the U.S. Department of Labor or the Colorado Department of Labor & Enforcement for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Colorado requires that non-exempt employees must be paid at least one and one-half times their regular pay for: Any hours worked over 40 in a given week. Any hours worked over 12 in a given workday. Any hours worked over 12 consecutive hours regardless of the start and end time of the work shift (i.e. if the work shift crosses over into the next work day), excluding duty free meal periods. Like the federal rules, Colorado exempts certain employees from minimum wage and overtime rules. Excluded employee classes include: executive, administrative, professional, and outside salespeople, and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Colorado also permits exemptions for certain small employers not involved in interstate commerce. See the Colorado Department of Labor & Enforcement web site for a list of these exemptions. Colorado Regs 5 of 11
Payment of Wages Colorado law requires that employees be paid at least monthly, and payment must be made no more than 10 days after the close of that period. These regular pay periods must be established and published for all employees. Direct deposit of employee's wages in a financial institution is permitted with the employee's authorization. Colorado requires that a terminating employee be paid for any accrued vacation in accordance with the terms of agreements (if any) between the employer and the employee in addition to all wages earned. Final paychecks must be delivered no later than the following payday when the employee leaves voluntarily. When an employee is terminated involuntarily, final paychecks must be delivered on the last day of employment. Deductions from the final paycheck may not be made without the employees written consent, unless required by law. Employers cannot prohibit an employee from inquiring about, disclosing, comparing or otherwise discuss his or her own wage. Work Hours and Breaks Colorado requires employees working 5 consecutive hours to have at least a 30 minute unpaid, uninterrupted meal break. When uninterrupted meal periods are impractical, employers must permit employees to consume a meal while performing duties, and they must be fully compensated for such on-duty meal periods. Colorado also requires that employees have a 10-minute paid rest break for every 4 hours worked or major fraction thereof (at least 2 hours), in the middle of the 4 hours if possible. Child Labor Generally, no minor under the age of 14 is permitted employment. On school days, during school hours, no minor under the age of 16 may be permitted employment except as otherwise provided. Employers may not work a minor more than 40 hours in a week or more than 8 hours in any 24-hour period. After school hours, no minor under the age of 16 may be permitted to work in excess of six (6) hours. In seasonal employment for the culture, harvest, or care of perishable products where wages are paid on a piece bases, a minor 14 years of age or older may be permitted to work hours in excess of the limitations, but in no case may a minor be allowed to work more than 12 hours in and 24-hour period nor more than 30 hours in any 72-hour period, except that a minor 14 or 15 years of age may work more than 8 hours per day on only 10 days in any 30- day period. After school hours, minors under the age of 16 may be permitted to work in excess of six (6) hours if the next day is not a school day. The maximum hours provisions do not apply to the following: 1) school work and supervised educational activities; 2) home chores; 3) work done for a parent or guardian except where the parent or guard in receives any payment for the work, and 4) newsboys and newspaper carriers. Except for babysitters, actors, models and performers, no minor under the age of 16 may be permitted to work between the hours of 9:30 PM and 5:00 AM unless the next day is not a school day. Any minor 14 or 15 years of age who wishes to work on school days during school hours must first secure a school release permit. The permit may be issued only by the school Colorado Regs 6 of 11
district superintendent, the superintendent's agent or some other person designated by the Board of Education, and may only be issued for a specific position with a designated employer and for a specific length of time not to exceed 30 days. Employers that require proof of a high school diploma, a passing score on the GED examination, or completion of a vocational education program are required to keep records of such information. Employers must keep an age certificate for the duration of the minor's employment and must keep on file all age certificates where they may be readily examined. Upon termination of employment, and upon request, the certificate must be returned to the minor. Both federal and Colorado law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Colorado Department of Labor & Enforcement for more information on restricted occupations for minor employees. Leaves of Absence Family Leave Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, or to care for a family member with a serious medical condition, qualifying exigency for military leave and serious injury or illness of covered service member for military family leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Employees who adopt a child (other than the child of their spouse) must be granted leave if the employer offers leave for the birth of children of biological parents. This adoption leave must be no less than and have the same job protection rights as leave granted by the employer for the birth of a child. Requests for additional leave due to the adoption of an ill or handicapped child shall be considered on the same basis as requests based on complications following the birth of a child. If the spouse of a custodial parent adopts the spouse's child, he/she is not eligible for leave. All employers must offer employees the opportunity to take up to (six) 6 hours of leave per month (40 hours in a given school year) in 3-hour increments to attend school conferences or activities. Employees must give notice at least one week in advance of the need for the leave and provide written verification from the school of the event. This leave is unpaid, though employers may provide paid leave benefits (such as using paid vacation or personal time) for this leave. Effective August 7, 2013, an employee in Colorado is entitled to FMLA leave under the Family Care Act to care for a person who has a serious health condition if the person is 1) the employee's partner in a civil union or 2) the employee is the employee's domestic partner and a) has registered the domestic partner within the municipality in which the person resides, if applicable, or b) is recognized by the employer as the employee's domestic partner. An employer may require the same certification for eligibility as required under the federal FMLA. Leave taken by an employee under this act runs concurrently with leave taken under the federal FMLA. The law does not serve to increase the total amount of leave during a 12-month period or preclude an employer from granting an employee an amount of leave that exceeds the total amount of leave the employee is entitled to during the 12-month period under the FMLA. Colorado Regs 7 of 11
Voting Time Employees must be granted up to 2 hours of paid leave for any election in which they are eligible to vote if the employee does not have 3 hours of unscheduled time when polls are open, provided a request is made prior to Election Day. The employer may specify the hours during which an employee may vote. Military Leave Permanent employees in the Colorado National Guard or U.S. Reserves must be granted up to 15 days of unpaid leave in any calendar year to attend military training. Employees returning from military leave must provide evidence of the satisfactory completion of training. Covered employers must provide employees in leave for military training with their normal vacation, sick leave, bonus, advancement, or other advantages of employment normal for their particular position and must reinstate former employees returning from military leave who are still qualified to perform the duties of their former position and who provide evidence of the satisfactory completion of training, to their previous or similar position with the same status, pay and seniority. In addition, under federal law, Employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. Emergency Services Leave Employees who are volunteer firefighters may not be terminated for being absent from work when responding to an emergency call, though the leave need not be paid, and the employee must present written notice from the fire chief stating the time, date and duration of the emergency. Employees must also have presented written notification of their status as a volunteer firefighter prior to the leave. Full-time employees of private employers who are members of the Civil Air Patrol, or Colorado Wing, and who are called to duty for a Civil Air Patrol mission, are entitled to take a leave of absence from the member's office or employment for the time engaged in the mission up to 15 work days in the leave year established by the employer. This leave shall be allowed only if the member gives evidence to the employer of the satisfactory completion of the Civil Air Patrol service. Employers are prohibited from discriminating against or discharging from employment any member of the civil air patrol based on membership and also cannot hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave. Further, employers may not cause the employee to lose seniority, status, efficiency rating, vacation, sick leave or other benefits. Jury Duty & Victims of Violence Leave Employers must provide leave for jury duty. Employees must be paid for the first three days of this jury duty, up to a maximum of $50 per day. Also, employers may not terminate or threaten to terminate, harass, or coerce any employee called to jury duty, and employees covered by FLSA exemptions serving on a federal or grand jury must be paid their full salary (minus any jury stipend) or risk losing their exemption status. Employees must be restored to their position within the company as if they had been on furlough. Employees who are victims of domestic/crime violence abuse must be granted up to 3 days leave in a 12-month period to seek a civil protection order (paid or unpaid) to attend court, obtain medical treatment or mental health counseling for themselves or their child, secure Colorado Regs 8 of 11
their home or seek legal assistance. Employees must have at least 12 months of service with the employer, must provide advanced notice or the need for the leave (except in cases of emergency or imminent danger) and the employer may require that the employee us any accrued vacation, personal, sick or annual leave before requesting this leave. Further, employers may not discharge or discriminate against employees for exercising their rights to leave. Information related to such leave must be kept confidential. Other Employment Regulations New Hire Reporting Within 20 days of hiring a new employee, employers must affirm: 1) the legal work status of such newly hired employee, 2) that the employee's identification documents were not altered or falsified; 3) that the employer has not knowingly hired an unauthorized alien. The state's department of labor is required to notify employers of the requirements for the federal government's E-Verify program. Employers are obligated to document and retain their compliance with federal employment verification requirements. Breastfeeding Rights Under Colorado law mothers may not be prohibited from breastfeeding their child in any location where they are otherwise authorized to be. Employers must provide nursing mothers unpaid break time (or permit a mother to use paid break or meal time) and must make a reasonable effort to provide a private place near the workplace (not a toilet stall) for a nursing mother to express breast milk for up to two (2) years after the child's birth. Employers may not discriminate against employees who request these rights. Smoking in the Workplace Colorado prohibits smoking in most indoor spaces. Exceptions include, but are not limited to, private homes and vehicles, hotels & motels (25%), tobacco shops and cigar bars, casinos, airport smoking lounges, outdoor areas of any business or private areas of businesses with 3 or fewer employees. Job Reference Liability Employers who provide information to a prospective employer or current/former employee, about current or former employees, limited to information about job history or performance, are generally immune from civil liability for the disclosures and their consequences unless the information can be shown to be false and the disclosing employer knows (or should have known) it to be false. Upon request, employers must send copies of the information provided about the current or former employee to the last known address or give it to them in person during normal business hours. Work Authorization Employers are required, within 20 days of hiring a new employee, to affirm that 1) it has examined the legal work status of the employee; 2) it has retained file copies of the eligibility documents pursuant to the IRCA; 3) it has not altered or falsified the employee's identification documents; and 4) it has not knowingly hired an unauthorized alien. Colorado has a specific affirmation document. Colorado Regs 9 of 11
Discrimination and Harassment Colorado prohibits discrimination, harassment, inequality in compensation or other adverse employment decisions of applicants, employees or independent contractors based on: Ancestry or national origin Race or color Religion or creed Age (40 70) Mental/learning or physical disability Military Service Marital status (discrimination that forbids or restricts the employment of married women that is not applicable to married men is included) Civil Unions Sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions) Workplace Harassment Transgender in some businesses Sexual orientation or gender identity, or Lawful conduct off-site during non-working hours Whistleblowing AIDS/HIV including individuals who have AIDS, individuals presumed to have the HIV infection and individuals undergoing HIV/AIDS testing. Informed consent must be obtained before an individual is tested for HIV, except where the health care worker or correctional officer might be immediately threatened by exposure to blood or bodily fluids. Although Colorado does not have a law specific to genetic testing results, employers with more than 15 employees are covered by GINA which prohibits discrimination based on genetic testing information. Employers must conspicuously display a fair employment practices poster prepared by the Colorado Civil Rights Commission in easily accessible, well-lighted places customarily frequented by employees and applicants. Employers may not require/permit applicants to submit their photos prior to employment, unless based on a bona fide occupational qualification. Effective May 1, 2013, civil unions will be authorized in the state. Such a relationship is entitled to the same benefits as spouses. Colorado Regs 10 of 11
State Continuation of Benefits State regulations of continuation of benefits change frequently. In Colorado, continuation coverage requirements apply to employer-sponsored group health plans that do not meet federal COBRA requirements. Eligible employees have the right to continue coverage for up to 18 months. Click on the following link for a comparison of federal COBRA to Colorado's continuation law. http://www/dora/state.co.us/insurance/consumer/supportingdocuments/conscobravscolora do011812.pdf/ Resources/Posters Colorado Department of Labor & Employment www.colorado.gov/cdle United States Department of Labor http://www.dol.gov/ Department of Regulatory Agencies, Civil Rights Division www.dora.state.co.us/ Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement Drug & Alcohol Testing Policy & Release Forms Guidelines on Smoking In the Workplace Guidelines on Verification of Employment and Providing References COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information: Notice And Form New Hire Reporting for Colorado Colorado Regs 11 of 11