We want to ensure our clients are successful and adapting to the latest changes in laws and regulations affecting Colorado employers, therefore we want to bring a few items to your attention. If you need help implementing these changes or have any questions, please contact us!
FAMLI
Employers should have submitted their Q2 2023 wage reports and pay premiums to avoid penalties. The deadline was July 31, 2023.
If you are considering a private FAMLI plan for 2024 it is important that you submit an application for private plan approval on or before October 31, 2023 to the Division. There is a list of currently approved private plans.
Please note that employees who take leave in 2023 may also be eligible for leave in 2024. We will be sending out more information this fall about FAMLI.
For more information please visit: https://famli.colorado.gov/employers/private-plans
PAID SICK LEAVE CHANGES
Effective August 7, 2023 Colorado has amended the allowable reasons to use the state mandated paid sick leave to include bereavement time, care for a family member whose school or place of care is closed due to weather, and home evacuations.
For more information please visit: https://cdle.colorado.gov/hfwa
FORM I-9
The U.S. Citizenship and Immigration Services (USCIS) recently announced a new Form I-9, which has been streamlined and shortened that employers should begin using as of August 1, 2023. Employers may continue to use the older version of the Form I-9 (Rev. 10/21/19) through October 31, 2023. After that date, they will be subject to penalties if they use the older form.
For more information including remote verification procedures please visit: https://public-inspection.federalregister.gov/2023-15667.pdf
PFWA
If you have 15 or more employees then you should know about a new law that went into effect June 27, 2023 called the Pregnant Workers Fairness Act (PWFA). It is a new federal law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
The PWFA applies only to accommodations, because the existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions.
The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.
For more information please visit: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
POWR
On August 7, 2023 the Protecting Opportunities and Workers’ Rights (POWR) Act goes into effect, significantly transforming Colorado’s employment discrimination legal landscape. This change expands the Colorado Anti-Discrimination Act (CADA).
The POWR Act changes the standard of harassment claims and broadens the type of conduct that constitutes harassment. It also sets a higher standard for employers’ policies and programs to address and prevent harassment. Employers need to establish and publicize a program or improve their existing programs to deter harassment and put a system in place to investigate harassment complaints in order to preserve their ability to utilize an affirmative defense.
The law also sets stringent requirements on nondisclosure provisions that limit the ability of employees to disclose any alleged discriminatory or unfair employment practice, with some limited exceptions.
The law also adds marital status as a protected category.
The new law also requires employers to retain all personnel or employment records for at least five years after the latest of the following:
- The date of the conclusion of any discrimination charge or related action
- The date that the employer created or received the record
- The date of the personnel action that the record relates to
A personnel or employment record includes requests many things including:
Employment applications, written or oral employee complaints of discrimination or unfair employment practices, requests for accommodation, and any other records related to hiring, promotion, transfer, layoff, demotion termination, compensation changes, or selection for training or apprenticeship, and records of training provided to employees.
For more information please visit: https://leg.colorado.gov/bills/sb23-172
POSTER UPDATES
If you subscribe to an employment law poster service they should be sending you new and updated posters. If you do not have a poster service you should update the following employment law posters:
- The Your Rights employment law poster has been updated to include PUMP, which is the Providing Urgent Maternal Protections for Nursing Mothers Act that was passed in January 2023 of this year and provides nursing employees with the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work. This right is available for up to one year after the child’s birth.
- If you are an employer who has to comply with the Family and Medical Leave – FMLA (you have 50 or more employees in a 75 mile radius) then you need to update your FMLA poster.
- With the new PFWA law described above, you need to update your Know Your Rights, Discrimination is Illegal.
Disclaimer: This is not all inclusive and does not replace the advice of your legal counsel.