UPDATES TO PAY TRANSPARENCY LAW
The state now requires employers to notify employees about all job opportunities (not including career development or progressions) in advance of filling them. Previously, notice was only required for promotional opportunities. The notification needs to include the rate or range of pay, a general description of other benefits or compensation, and the date the application window is expected to close. For employers with no physical location in Colorado and 14 or fewer remote employees in the state, only remote job opportunities must be shared.
Employers also have new post-selection notice responsibilities. Within 30 days of the selected candidate starting the job, employers must communicate the following information to the employees that will regularly work with that individual:
- The name of the person who filled the position
- The person’s title
- The person’s prior title with the employer, if applicable
- How and where employees can express interest in similar job opportunities
Finally, all eligible employees must be notified of a position’s requirements for career progression when it’s regular or automatic and based on time or other objective metrics; for example, when a junior stylist is automatically promoted to senior stylist after one year in the role. Employees must also be told the pay, benefits, full- or part-time status, duties, and access to advancement.
MAGIC MUSHROOMS GO MAINSTREAM
Colorado has legalized the possession and use of psilocybin in certain quantities and settings. Employers do not have to allow or accommodate its use or possession in the workplace. As with the legalization of cannabis, you may want to consider how you respond to certain drug test results and whether your response is potentially harmful to those with disabilities or may limit your candidate or employee pool.
COLORADO PAID FAMLI LEAVE REMINDER
The state’s paid Family and Medical Leave Insurance Program (FAMLI) benefit payments will be available to employees in the new year. The state manages the program, as well as payouts, but employers must offer job protection when employees are on a FAMLI-qualifying leave. You can learn more on the platform.
Colorado’s minimum wage will increase to $14.42 per hour. The minimum base wage for tipped employees will increase to $11.40 per hour.
The minimum salary for exempt executive, administrative, or professional employees will increase to $1.057.69 per week, or $55,000 per year. The minimum annual salary to use the “highly compensated employee” exemption will increase to $123,750 per year. The minimum rate for exempt computer employees who are paid on an hourly basis will be $33.17 per hour.
Denver’s city and county minimum wage will increase to $18.29 per hour. The minimum base wage for tipped employees will increase to $15.27 per hour.
The city of Edgewater will have its own minimum wage of $15.02 per hour. The minimum base wage for tipped employees will be $12 per hour. Employers are required to post a notice in English and Spanish. Compliant language can be found on page 4 of the ordinance in ALL CAPS.
Boulder County—New Locality!
Unincorporated Boulder County will have its own minimum wage of $15.69 per hour. The minimum base wage for tipped employees will be $12.67 per hour. For a list of unincorporated areas that the minimum wage law applies to, see Boulder County’s website.
Employers are required to post a notice in English and Spanish in a prominent place that is easily accessible to all employees. If displaying a physical notice isn’t feasible, or an employee doesn’t have a regular workplace or job site, employers need to provide the required information on an individual basis, in an employee’s primary language, and in a form that is reasonably conspicuous and accessible. The county hasn’t provided specific language but posting page 3 of the ordinance will likely suffice.