The Civic Duty of Jury Service: How Employers Can Support Their Teams

By: Reanna Werner, Chief Problem Solver / Founder of HR Branches

Not many countries offer the opportunity to be judged by a jury of peers in criminal or civil cases. In the United States, this process is both a privilege and a responsibility—a cornerstone of our judicial system that ensures fairness and community participation. Recently, I received a jury summons, and it reminded me of this duty to serve my community and country, a duty I take pride in fulfilling. It also brought to light the important role employers play in enabling their team members to participate in jury service without undue burden.

My Experience with Jury Duty

This wasn’t my first rodeo! I’ve served on a jury before, and let me tell you—it was fantastic. The experience provided me with insight into the inner workings of our judicial system, introduced me to the dedicated professionals who safeguard it, and gave me the chance to contribute...

Small business owners, buckle up—there’s a big development in federal labor laws that could directly impact your payroll and compliance strategies. For the second time, the U.S. District Court in Texas has struck down a proposed increase to the minimum salary threshold for exempt employees under the Fair Labor Standards Act (FLSA).

This ruling not only halts the implementation of a new higher threshold, but it also voids the increase to $44,000 that was briefly implemented earlier this year. Let’s unpack what this means for you and your business.

A Quick History of the FLSA Minimum Salary Threshold

The FLSA’s salary threshold determines whether employees qualify as exempt from overtime pay under federal law. To qualify for exemption, employees must meet two primary criteria:

1. They must perform specific job duties that fall under one of the recognized exemptions (executive, administrative, or professional roles).
2. They must earn at least the minimum salary set by federal law.

In the intricate landscape of small business management, terminating an employee is a delicate process that demands thorough planning, execution, and a genuine consideration for the individual's dignity. Colorado employers, in particular, must adhere to specific legal requirements, making it essential to approach terminations with precision and empathy.

PREP - A Foundation for Successful Termination

Planning and preparation form the bedrock of a well-executed termination. Understanding the reason for termination is paramount. Ensure a consistent history of the issue, engage in communication with the employee for resolution, and meticulously document all actions taken. Guard against discriminatory factors, recognizing the importance of fair and unbiased treatment.

Prep Points:

• Establish the validity of the termination through documented evidence.
• Emphasize the importance of open communication between management and the employee.
• Zero tolerance for discriminatory remarks or biase
...

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 re...

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 private and public employers are required to provide a leave of absence for ...

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 current...

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 probably be fairly easy to determine what more likely than not o...

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 required to wear a mask when:

• Working with the public 
• Enterin
...

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 during natural disasters). 

As of Thursday, March 19,...

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 bookstore...