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...

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...

3/26 Update: 

We now have a workplace poster about the FFCRA (Families First Coronavirus Response Act) and employee rights in regards to paid sick leave and the expanded family and medical leave.

This will need to be posted with the rest of your employment posters in a common area by April 1st. There has no been specific guidance on methods to notify your remote workers but we suspect there will be soon. We will keep you updated, however, have a plan in place to provide this to remote workers such as email, posting to a payroll portal where employees regularly log in, or printing and mailing. 

If you have already laid off some of your workforce, there’s no need to alert them.

 FFCRA Workplace Post (Non-Federal)

The U.S. Department of Labor sent out a bulletin about 30 days of non-enforcement between March 18 and April 17, 2020 as long as employers act reasonably and in good faith to comply with the FFCRA. One thing to note is this does not protect you from...

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...