Colorado 2023 – Employers Be Aware

By Stephen Rotter - The Workplace Counsel

January 27, 2023

1.    UI NOTICE: Upon separation of an employee, Employers are required, as of May 2022, to provide a notice of potentially available unemployment insurance benefits. Fill out this form and give to the employee: https://cdle.colorado.gov/sites/cdle/files/documents/Employer-Separation-Form-22-234-fillable.pdf

2.    PHE: Colorado's Public Health Emergency leave is ongoing, which means Employers must provide a one-time grant 80 hours of paid sick leave for full-time employees (pro-rated for part-time) experiencing the following Covid-related matters: symptoms, quarantine, testing, vaccination & side effects, inability to work due to health conditions that ay increase risk of contracting, and family care.  While flu and RSV are no longer covered for PHE leave use (11/11/22 – 1/8/23 only), symptoms may be similar so an employee could use PHE leave for flu or RSV.

Employers cannot request documentation to support PHE leave; employees can use up to the 80 hours only once - it does not reset each year; and the current PHE emergency leave continues until at least May 2023.

3.    FAMLI started: a. provide notice of the program; b. register your company; c. ensure your payroll is collecting employees' 0.45% premium (regardless of size); d. ensure your company is putting aside 0.45% premium for each employee (for 10+ employees) which you'll send in quarterly; e. go here for employer toolkit: https://famli.colorado.gov/employers

4.    Wage Theft Amendments: Employers have to pay wage demand (if proper) within 14 days or will be ordered to pay 2x the amount of unpaid wages (used to be 1.25x). Willful conduct results in 3x wages (used to be 50% increase). And employees can file on their own behalf AND on behalf of similarly-situated employees akin to a class action.

5.    New Non-Competes: Colorado's restrictive covenant laws were gutted. Non-competes are viable only for workers making $112,500+; and non-solicits for workers making $67,500+. The monetary amounts are increased annually. There are criminal and civil penalties for employers attempting to enforce invalid non-compete/non-solicit agreements. Notice requirements are in place as well: https://tinyurl.com/5n6dp3n8

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