Employee classification is a crucial aspect of ensuring fair labor practices and compliance with state and federal laws. In the state of Colorado, employers must understand the distinctions between exempt and non-exempt employees to properly manage work hours, breaks, overtime, compensation, benefits, and FLSA compliance. This blog aims to provide a comprehensive overview of the state's exempt vs. non-exempt classifications to help employers navigate these important distinctions.

1. Scheduled Work Time:
Exempt employees are not required to track their work hours and are expected to work as many hours as necessary to complete their job duties efficiently. On the other hand, non-exempt employees typically have set schedules or specific hours they are required to work, usually within a standard workweek of 40 hours.

2. Breaks:
Exempt employees have more flexibility regarding breaks as they are not entitled to mandatory rest or meal breaks under federal law (although some state laws may...

We've been anticipating another mid-year compliance update as this seems to be the norm for Colorado legislation now. We aim to keep the small business community informed of changes to the employment law landscape that directly impacts you. It's a long one so join us for the journey and we'll walk you through what you need to know!

Mid-Year Compliance Update Summary

Now

• CO Military Leave Clarification
• FED Pregnant Workers Fairness Act
• CO Unemployment Insurance Premiums

Soon

• CO Protecting Opportunities and Workers Rights (POWR) 8/7/2023 
• CO Bereavement Leave Through HFWA 8/7/2023
• CO Workers Comp Updates 8/7/2023

Later

•  CO FAMLI Benefit Calculation Update 1/1/2024 
• CO Equal Pay For Equal Work Act 1/1/2024 
• CO Application Question Restrictions 7/1/2024

NOW

Military Leave Clarification

    HB 23-1045 This is an expansion from the already required USERRA Military Leave. CO...

As small businesses, there is so much to balance as we care for our employees. This past year has undeniably kept Colorado small business owners on their toes and busy with a myriad of legal changes. We see all the hard work these changes have required and are proud of the way our community has stepped up to the plate and prevailed! More changes may not be business owners’ top priority this year, but the Colorado General Assembly has their own action plan that will impact us none the less. In the next year, they will be mandating a state sponsored retirement savings plan, the Colorado Secure Savings Program. This plan is designed to make retirement savings more accessible to the Colorado workforce.

With continually pressing financial demands of the present, creating savings to use years from now is often not at top of mind. The fact is financial planning and retirement savings can make for a more predictable future and are exponentially more effective the sooner they begin. At...

When to Use an Outside Investigator & Choosing an Outside Investigator

By Gene R. Thornton, Esq.  *

Whenever an employer receives a complaint of sexual harassment or other workplace misconduct, a prompt, thorough, and fair investigation should be conducted.  Following the investigation, appropriate remedial measures should be implemented.  That much is basic employment law and human resource management.  But who should perform the investigation?  Should it be done by the employer’s HR manager, office manager or safety officer, if any?  Should it be done by the accused employee’s supervisor?  Or should an outside investigator be retained and, if so, what qualifications should be sought in the outside investigator.

Simple Investigations—Outside Investigator Probably Not Needed

If the allegations concern performance issues, employee relations, then the employer can probably do without an outside investigator.  It will...

On Thursday, July 16, 2020, Governor Jared Polis implemented a 30-day statewide mask order in the state of Colorado (there is a possibility of extension).  This order impacts every way we conduct business, work with our employees and serve your customers. There are a number of considerations that you need to apply when staying compliant.  Read on to learn how to apply this order to your business operations.

There is significant debate about the mask order and deep-rooted feelings for and against this order.  As you maneuver through implementing and staying compliant with this order, you will encounter these perspectives.  No matter what your personal thoughts are, it is important to know what is expected of you as a business owner.  Without further ado, let's dive right in.  

Your Working Environment:

Within the Colorado mask order, you do have to be mindful of when your staff must wear a mask.  You and your team are...

SBA Disaster Relief Loan

As small business owners and as a community, all of us are sailing in uncharted waters. All of us are in the same boat, filled with uncertainty and fear.  What does the future hold?  Is my business going to survive this?  How am I going to pay my bills?  There are so many concerns that all of us have and most of it is deeply rooted in our financial situation and future.  There are a number of economic stimulus packages that are being discussed locally and federally.  As of today, March 21st, there are not many options available.  However, our representative and community leaders are working diligently to provide us with a little relief.  The first financial option to become available to small business is the Small Business Administration (SBA) Disaster Loan program.  This is the fist time in the history of the SBA that this loan has been made available for a pandemic (these loans are generally leveraged...

News Alert!!

The Colorado Department of Labor has issued a temporary leave rule to assist workers in specific industries within the state of Colorado to assist in the containment of Covid-19. 

The Colorado Health Emergency Leave with Pay is a temporary rule that requires employers in the below industries to pay four days of wages to employees with flu-like symptoms who are in the process of Covid-19 testing.

Impacted Industries:

• Leisure and hospitality
• Food services
• Child care
• Education, including transportation, food service, and related work with educational establishments
• Home health, if working with elderly, disabled, ill, or otherwise high-risk individuals
• Nursing homes
• Community living facilities

Is My Business Impacted?

If your business operates in on the of the above industries, then, yes.  This rule covers ANY employer engaged in the above service offerings... even if it is only a small portion of what your business does.  For example, if you own a...

On January 1, 2020, we are going to wake up to two significant wage changes that will impact most Colorado small businesses. Are you prepared for these changes?

What’s Changing?

• Hourly Employees: Colorado Minimum Wage- Colorado minimum wage has been on an increased schedule of $.90 per year for the past 2 years. In January 2020, you will see the third and final $.90 minimum wage increase. Effective January 1, 2020, Colorado Minimum Wage will be:

Colorado Minimum Wage- $12.00/ hr

Colorado Tipped Employees- $8.98/ hr

*Denver increased its local minimum wage to $12.85 per hour effective Jan. 1, becoming the first local government in Colorado to set its minimum higher than the statewide level per a new statute passed by the legislature in 2019.

• Salaried Employees: Minimum Salary Rate (Federal Overtime Rule)- The minimum annual salary for exempt (salaried) employees is going to increase in 2020. Effective January 1, 2020, the Federal...

*Presented at Colorado Springs, CO SCORE meeting on July 12, 2019

I'm obsessed with Richard Branson. Anything that comes out of that man's mouth is like gospel to me. I aspire to be a Richard Branson, well a female/ American, Richard Branson one day. I believe that his people philosophy is really where it's at. And I think that this quote right here says it all: “A company is people... employees want to know... am I being listened to or am I a cog in the wheel? People really need to feel wanted". -Richard Branson

To start off on the right path of having sound employee practices, let's look at some recruiting tips and tricks. This blog is going to look at how to prepare and attract the right candidates and to evaluate those candidates. But first, let's look at the mistakes small businesses often make when it comes to recruiting. I'm sure all of you guys have seen these mistakes.

Small Business Recruiting Mistakes
1: Lack of Planning
First and foremost, small businesses...

Small Business and Employee Ethics- Avoid Disaster!

Have you taken the appropriate measures to makes sure that you are protected from the dishonest actions of your employees?  Employees ethics is a HUGE risk for all small businesses.  Make sure that you are protecting yourself and your business.   

For most small businesses, employees can be the businesses most significant risk.  According to The Association of Certified Fraud Examiners estimates that companies lose 5% of their annual revenue to employee fraud and abuse.  Unethical employee actions hit small businesses the hardest.  Most small businesses do not have the financial ability to sustain the hit of significant employee fraud or theft occurrence.  Unfortunately, the cost of employee theft isn’t only the cost of the theft.  Employers also need to factor in the additional expense of legal fees, employer time spent on legal action, loss of employee...