Understanding Colorado employment laws

Navigating the intricate landscape of Colorado labor laws can be challenging for businesses of all sizes. This blog offers a concise overview of essential topics under Colorado employment laws, including minimum wage, overtime, breaks, leaves, and benefits. It also examines recent legislative changes and key Colorado workplace laws related to privacy, anti-retaliation, and discrimination. Additionally, the post highlights the importance of understanding Colorado employee rights to ensure a fair and compliant workplace. We will then talk about the consequences of non-compliance and how Global Squirrels can help your business achieve full legal and ethical compliance.

What are some key Colorado labor laws?

Minimum wages & overtime pay

Minimum wage

Beginning in 2024, Colorado’s minimum wage is $14.42 an hour, and it is adjusted for inflation each year. Under Colorado labor laws, employers are required to pay employees at least this amount, regardless of whether they are compensated hourly, by salary, commission, or piecework.

Exceptions to the standard minimum wage

• Unemancipated minors: Can be paid 15% less than the minimum wage under Colorado employment laws.
• Local wages: A few local governments have increased minimum wages over what the state dictates. Employers must adhere to the highest applicable rate as outlined in Colorado workplace laws.

Source link: ColoradoLaborLaw.gov

Overtime pay

Employees in Colorado are entitled to overtime pay, as stated in Colorado labor laws, at 1.5 times their regular hourly rate for:

• More than 40 hours per week worked.
• 12 or more hours worked in one day.
• When you work more than 12 consecutive hours.

Work hours

Under Colorado labor laws, employees are entitled to specific breaks and rest periods based on their working hours, ensuring fair treatment and compliance with state regulations.

Break schedule

Work hours:

•  0–2 = No rest period
• Over 2 to 6 hours: 1 rest period
• Over 6 to 10 hours: 2 rest periods
• Over 10 to 14 hours: 3 rest periods

To know more about breaks, click here.

Standard work hours

• Standard workweek: 40 hours per week is typically considered full-time.
• Overtime pay: Non-exempt employees must receive overtime pay for hours worked over 40 hours per week at a rate of 1.5 times their regular pay.

Leaves

1. Healthy families and workplaces act (HFWA)

The Colorado Healthy Families and Workplaces Act (HFWA) requires paid leave for employees in certain situations, and it is an important part of the Colorado labor laws.

A. Accrued paid leave

Eligibility: All employees in Colorado.

Accrual: Employees get paid leave of 1 hour for every 30 hours they work, up to a maximum of 48 hours a year.

Leave can be taken for:

– The illness or injury (physical or mental) of the employee.

– Vaccinations are part of preventive medical care.

– Situations related to domestic violence, sexual assault, or stalking (medical attention, mental health care, legal services).

– Any family member who is caring for someone with any of the above conditions.

– Things like workplace closures or school closures for children.

– Bereavement or legal or financial arrangements following the death of a family member (from August 7, 2023).

– Inclement weather or other emergency that requires evacuation or someone to care for a family member.

B. Public health emergency (PHE) leave

Additional entitlement: Employees can be entitled to up to 80 hours of supplemental leave (pro-rated for part-time workers) during a PHE.

Covered situations:

– Related to the emergency, testing, or treatment.

– Caring for family members or children whose schools or childcare facilities are closed.

C. Employer obligations

Employers must:

– Posters and written communication must notify employees about their HFWA rights.

– Make sure employees will not be retaliated against for asking for leave.

2. Colorado Family Care Act

The Family Care Act provides additional family relationships while ensuring that workplace laws are equitable.

Eligible leave reasons: Employees may take unpaid leave to care for:

– A seriously ill domestic partner or civil union partner.

– A partner with a child or parent with a serious health condition.

Eligibility: The same requirements as FMLA.

– An employee must have worked at least 12 months and 1,250 hours in the past year for a covered employer.

3. Paid family and medical leave insurance program (FAMLI)

In 2024, Colorado began a Paid Family and Medical Leave Insurance (FAMLI) program, which is part of the state’s evolving employment laws.

Coverage: Paid leave up to 12 weeks, plus 4 weeks if pregnancy or childbirth complications.

Eligibility: The leave can be used by employees for:

– Their own serious health condition.

– Bonding with a new child.

– Family member with a serious health condition.

– A need related to a family member’s military deployment.

Funding: Paid through payroll deductions split in half between employee and employer.

Benefits

1. Paid sick leave

Under the healthy families and workplaces act (HFWA):

• Paid sick time is provided at a rate of one hour for every 30 hours worked, not exceeding 48 hours in the calendar year.
• During a Public Health Emergency (PHE) employees can be eligible for up to 80 additional hours of paid time off.

Eligible uses include:

• Sickness of oneself or a close family member or a loved one.
• Health promotion or illness prevention or control or the occurrence of communicable diseases.
• Such issues as domestic violence.

2. Family and medical leave (FAMLI)

Effective 2024, Colorado’s Paid Family and Medical Leave Insurance (FAMLI) program

Provides:

Between 6 and 12 weeks with pay (up to 16 weeks for pregnancy complications).

Coverage for:

• Bonding with a new child.
• Critical illness within the self or family member.
• Military family leave.

3. Workers’ compensation

Workers injured on the job are entitled to:

• Medical benefits.
• Wage replacement.
• Disability benefits.
• Rehabilitation support.

4. Unemployment insurance

Unemployed workers who meet eligibility requirements can receive:

• Weekly benefit payments (determined by prior earnings).
• Job training and placement assistance.
• Applications are handled by the Colorado Department of Labor and Employment (CDLE).

5. Health insurance

Employers with 50 or more full-time employees must provide access to affordable health insurance as per the Affordable Care Act (ACA).

6. Retirement benefits

401(k) plans

A 401(k) plan offers Colorado employees a valuable retirement savings option while adhering to Colorado employment laws. Under Colorado workplace laws, employees can defer part of their salary into a 401(k), benefiting from tax-deferred growth and flexible contribution options. Employers sponsoring 401(k) plans must comply with Colorado employee rights, including fair treatment and non-discrimination in benefits. Participants may also take hardship withdrawals or loans, but early distributions may be subject to penalties under federal and state regulations.

Discrimination and harassment laws

Colorado has robust laws addressing discrimination and harassment designed to safeguard Colorado employee rights in alignment with Colorado labor laws, Colorado employment laws, and Colorado workplace laws. Workplace harassment and discrimination are barred by these laws on the basis of protected classes like race and gender, religion, disability, sexual orientation, age, etc. The need for these protections is shown by the fact that the Colorado Civil Rights Division received 1,250 workplace discrimination complaints in 2023. Employers are required to have harassment-free environments and take action against complaints. Violations are subject to penalties of up to $50 per day for non-compliance and additional damages if retaliation is proven. Claimants are protected from retaliation by employees who report issues, with wage retaliation eligible up to three times the wages owed and additional penalties of up to $3,000 for a willful violation. These are comprehensive protections that further Colorado’s commitment to having fair and equitable workplaces.

What are the challenges of not complying with Colorado laws?

Non-compliance with Colorado employment laws and Colorado workplace laws can lead to severe financial and legal consequences. Unpaid wage penalties for employers may reach up to $50 per day, depending upon the willfulness of the offense, and penalties may exceed $3,000 for willful violations. If a wage payment order is not complied with within 60 days, there is a 50% increase in the penalties or an additional $3,000, whichever is greater. Beyond that, there are ongoing violations that can lead to fines of $1,000 for each violation, including not listing pay in job postings. Asset seizures may be allowed under court judgments, and costs grow ever higher. Ignoring Colorado employee rights not only damages reputations but also imposes crippling financial and operational burdens on businesses.

How does Global Squirrels help eliminate all the challenges?

Global Squirrels is a staffing and payrolling platform that helps you hire and manage your employees. Our platform offers HR functions such as payroll setup, benefits administration, task and timesheet management, compliance with local and international labor & tax laws, and performance management. While other staffing agencies charge you 50% more, our platform saves you 20% on hiring.

By partnering with Global Squirrels, you will face no legal risks. Global Squirrels is your trusted partner in navigating the complexities of Colorado labor laws and Colorado workplace laws, ensuring your business aligns seamlessly with regulatory requirements. Our team prioritizes Colorado employee rights by addressing every detail of local laws when hiring and managing your workforce.

Using advanced compliance analytics and assessments, our platform identifies areas of improvement and reduces the risk of non-compliance to ensure your business stays on the right side of ever-changing regulations. Our platform will help you avoid costly penalties while safeguarding your organization’s reputation by proactively addressing compliance challenges.

Global Squirrels also specializes in eliminating employee misclassification risks and compliance with classification rules to eliminate possible legal action. With Global Squirrels, you can rest assured that your business complies with all Colorado employment laws, supporting a fair, secure, and legally sound workplace.

So, how does our platform help you with your specific business needs? Global Squirrels offers you plans based on your requirements that ensure you face no issues in terms of compliance or hiring.

Purple plan

Our Purple plan helps you convert your current freelancer to a full-time employee or helps you onboard an already-sourced candidate efficiently. Our platform generates an offer letter that includes employment clauses that ensure that your employee will solely work for your business and will provide a notice period before ending their employment. Once the onboarding process begins, so do the HR functions such as payroll setup, benefits administration, performance management, and compliance with local and international labor and tax laws.

Orange plan

Our Orange plan helps you find and onboard talent who meet all your business needs. This is done once you sign up and choose the Orange plan. You will be redirected to a page where you will be asked to fill in some details that include job title, job description, budget, expected start date, educational background, skills, and the countries from which you wish to hire talent. Once submitted, you will receive curated profiles within 2 to 5 business days, after which you will be asked to choose candidates you want to interview and provide feedback post-interview. Once you have chosen the candidates you would like to onboard, our platform will handle all administrative functions mentioned above.

Are you ready to comply with Colorado labor laws? Get a demo today!