In Case You Missed It: 2024 Colorado Employment Law Updates You Need to Know

Colorado employers encountered several notable changes in employment laws in 2024. These updates address areas such as family leave, pay transparency, wage and hour regulations, job application processes, and employee rights. In case you missed them, below is a summary of the key highlights for Colorado employers that took effect this year.

Looking for 2025 updates? Stay tuned for our next post!

Family and Medical Leave Insurance (FAMLI) Program

As of January 1, 2024, Colorado’s FAMLI program provides eligible employees with up to 12 weeks of paid leave per year, with an additional 4 weeks for complications related to pregnancy or childbirth. Benefits are based on the employee’s average weekly wage, capped at $1,100 per week.

Eligible uses for FAMLI leave include:

• Welcoming a new child (via birth, adoption, or foster care). Parents may use this leave within 12 months of the child’s arrival, including for children born in 2023.
• Caring for a serious health condition (self or a family member).
• Addressing needs related to military family deployment.
• Managing immediate impacts of domestic violence or sexual assault.

FAMLI leave can be taken all at once, intermittently, or as part of a reduced work schedule and can be combined with FMLA or HFWA leave.

Eligibility and Application:
Most Colorado employees are eligible, and jobs are protected for those who have worked at least 180 days for their employer. Employees must apply for benefits via the My FAMLI+ portal within 30 days before or after their leave begins.

Equal Pay for Equal Work Act (CEPEWA) Enhancements

Effective January 1, 2024, amendments to CEPEWA enhance pay transparency and ensure equal access to career opportunities.

Key Employer Obligations:

1. Job Postings:
   • Must include:
     • Compensation range.
     • Benefits information.
     • Application process and deadlines.
2. Opportunity Announcements:
   • Notify all employees of job opportunities, regardless of qualifications, to ensure equal access.
3. Post-Selection Notices:
   • After filling a position, disclose:
     • New hire’s name, previous title, new title, and department.
     • Instructions on how employees can express interest in future opportunities.

Enforcement:
Employees can file complaints with the Colorado Department of Labor and Employment (CDLE) within one year of a violation. Remedies include back pay, compliance orders, and fines ranging from $500 to $10,000 per violation.

Updated Wage & Hour Rules

As of January 1, 2024:

• Colorado minimum wage: $14.42/hour (non-tipped); $11.40/hour (tipped).
• Denver minimum wage: $18.29/hour (non-tipped); $15.27/hour (tipped).

Key updates under COMPS Order #39:

• Employers must pay for all pre- and post-shift tasks, regardless of duration, if they benefit the employer.
• Tip Sharing:
  • Tipped employees may share tips with other customer-facing staff if advance notice is provided.
  • Employers must pay full minimum wage if tips are shared with non-tipped employees, eliminating the ability to claim a tip credit.

Job Application Fairness Act (JAFA)

Effective July 1, 2024, JAFA prohibits employers from requesting age-related information, such as birth dates or graduation years, on job applications.

Exceptions:
Employers may verify age only if:

• The job requires compliance with age-related laws (e.g., serving alcohol).
• Verification occurs after a conditional job offer is made.

Noncompliance may result in penalties of $1,000 to $2,500, with a 15-day correction period after a CDLE finding.

Protections of Public Workers Act (PROPWA)

Taking effect July 1, 2024, PROPWA safeguards public employees’ rights to advocate or express opinions on workplace and public issues.

Protections Include:

• Prohibiting retaliation or discrimination against employees engaging in advocacy.
• Allowing employees to file complaints within six months of a violation.

Remedies:
Employers may be required to reinstate wrongfully terminated employees, pay fines, or provide additional compensation to “make the employee whole.”

Action Items for Employers

To ensure compliance with these laws, employers should:

• Update leave policies to include FAMLI requirements and communicate changes to employees.
• Revise job postings and internal processes to align with CEPEWA amendments.
• Review payroll systems to ensure compliance with updated wage and tip-sharing rules.
• Train HR teams on JAFA and PROPWA to avoid compliance issues.

For assistance in implementing these updates or to stay ahead of future changes, contact our team.