Newsletter - October

Colorado Final Wage Payment Law Amendments - Effective 1/1/2023

by: Lindsey La Fond, SHRM-CP, PHR - HRx Services Business Partner

Effective on January 1, 2023, Colorado will modify the state’s final wage payment law under Senate Bill 22-161. This new amendment will increase penalties to an employer that does not pay wages timely; it will allow employees to demand wages based on a class of similarly situated employees, it will permit the CDLE’s Division of Labor Standards and Statistics (DLSS) to investigate such demands on a class-wide basis and will limit the ability for employers to recover attorney’s fees for successfully defending a claim.

Previously, Colorado employers were permitted to deduct from an employee’s final pay for the value of company property that was not returned upon termination, such as office or company equipment. However, with the changes under this amendment, in order to deduct these amounts, the terminating employee must be notified in writing within 10 days of the termination.

The notice must include:

A written accounting specifying the amount of money or specific property that the employee failed to pay or return

• The replacement value of the property
• To the extent known, when the money or property was provided to the employee
• When the employer believes the employee should have paid the money or returned the property to the employer

If the employee then repays the money or returns the property within 14 days after the employer provided the required notice, the employer then has 14 days within which it must pay back the amount deducted to the employee.

Prior to January 1, 2023, it is recommended that employers develop a standard notice for these situations to come prior to deducting for any unreturned company property.

The amended law also expands various penalty provisions that apply depending on the violation by an employer. For additional information on penalties, please see?SB22-161.

?Payment of Wages: Colorado | Payroll | Employment Law Manual | Tools | XpertHR.com(n.d.)

Colorado Enacts Wage Theft Amendments, Increasing Employer Penalties, 2022

?Public Health Emergency Has Been Updated!

NEWS UPDATE:?Health and Human Services Secretary Xavier Becerra has?formally extended the Public Health Emergency (PHE). The PHE can be extended for up to 90 days at a time. This extension started October 13, 2022 and will next be evaluated by January 11, 2023. The Biden administration has indicated that they will provide a 60-days advance notice, by November 12, 2022, before any end to the PHE.

HRx Hosts another CDLE presentation on FAMLI! LIMITED SPACE - REGISTER NOW

Avoid the Top 10 Mistakes in Employee Handbooks

1. Adopting a form handbook from the internet
2. Including too much detail
3. Mentioning an "employee probationary period."
4. Being too specific in corrective action policy
5. Not being consistent
6. Overlooking an at-will disclaimer
7. Overstating/sabotaging disclaimers by what you say, especially reassuring employees that their jobs are secure
8. Not adapting the handbook to accommodate state law
9. Failing to update your handbook (Since 1/2020, there have been 38 employment law updates to Colorado)
10. Setting unrealistic policies, if you can't or won't enforce your handbook - don't put it in there!

Updated Labor Posters - Get your updated posters today! https://hrxservices.posterelite.com/worry-free-solution

October Cybersecurity Awareness Month

This October will focus on the “people” part of cybersecurity, providing information and resources to help educate CISA partners and the public, and ensure all individuals and organizations make smart decisions whether on the job, at home or at school – now and in the future. We encourage each of you to engage in this year’s efforts by creating your own cyber awareness campaigns and sharing this messaging with your peers. Learn More - Cybersecurity Information

Legal Timeline

• Colorado Secure Savings Program, Pilot programs begin – 10/2022
• Colorado Overtime Requirements for Agricultural Employees Take Effect - 11/01/2022
• Colorado Secure Savings Program, Enrollment begins – 1/1/2023
• Colorado Minimum Wage is adjusted for Inflation - 01/01/2023
• Colorado FAMLI begins employee & employer premium contributions – 1/1/2023
• Colorado Requires Small Employers to Cover Annual Mental Health Wellness Exam - 1/1/2023
• Denver, Colorado, Minimum Wages Increases to $17.29 - 1/1/2023
• Colorado Privacy Act Takes Effect - 1/1/2023
• Colorado Minimum Salary for Executive, Administrative, and Professional Employees Increases to $961.54 per Week - 01/01/2023
• Colorado FAMLI will start providing benefits to employees – 1/1/2024
• Colorado Minimum Salary for Executive, Administrative and Professional Employees Increases to $1,057.69 per week - 1/1/2024