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Amid the ever-changing landscape of employment law, Employers Council is dedicated to keeping our members well- informed. We have compiled a selection of handbook updates specifically for Colorado, including recommended language and the revision dates. If your handbook was updated prior to any of the dates listed below, we recommend updating the policies using the linked resources. The dates provided reflect when Employers Council last revised the policy, not necessarily when a law was enacted. While this list is not exhaustive, it highlights the key policies that are essential for maintaining compliance. Please n ...
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All employers, even non-union, take note : T he National Labor Relations Board (NLRB) recently issued a new ruling regarding employees ’ rights to engage in protected concerted activity . In Home Depot USA, Inc. , the NLRB determined that employees who wore Black Lives Matter insignia on their work uniforms were exercising protected rights , and their non-union employer failed to prove special circumstances to prohibit this expression . Section 7 of the National L abor Relations Act (NLRA) safeguards employees’ rights to engage in protected concerted activities , irrespective ...
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On February 1, 2024 , the California Civil Rights Department (CRD) opened its online portal for employers to submit their 2023 pay data report. P rivate employers with 100 or more employees and/or 100 or more workers hired through labor contractors are required to annually report pay, demographic, and other workforce data to the CRD . The CRD updated some of its resources since last year, including providing new versions of the templates for inputting and submitting data . The new templates add a column specifically asking for the number of remote employees located within California and the ...
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On February 22, 2024, Cal/OSHA announced its 2024 civil penalty increases for certain workplace safety violations. The 3.24% increase from last year is based on the Bureau of Labor Statistics’ report on the October Consumer Price Index for All Urban Consumers (CPI-U) . For citations issued on or after January 1, 2024: The maximum penalty for g eneral and r egulatory violations, including p osting and r ecordkeeping violations , is $15,873. The maximum penalty for w illful and r epeat violations is $158,727. The minimum penalty for w illful violations is $11,337. ...
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers Council’s compensation and personnel practices surveys to provide a more complete picture. Refer to Employers Council’s various surveys for information on average pay increase projections, turnover rates, cost of benefits, average salaries for close to 3,500 jobs, and insured and paid-time-off benefits .  ...
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A United States District Court of Texas judge has delayed the effective date of the National Labor Relations Board’s (NLRB) joint - employer liability rule until March 11, 2024. The rule, which has already been subject to delay, was scheduled to take effect on February 26, 2024. The Court issued a two-week stay on the matter to provide additiona l time to draft an order address ing the legal complexities at hand. The NLRB’s new rule, which was originally issued on October 26, 2023, expands the legal test for  determining  whether two organizations jointly employ the same workers. The new standard changed from direct, exercised ...
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The Colorado Department of Labor and Employment (CDLE) issue s guidance in the form of Interpretive Notice and Formal Opinions (INFOs) t o inform employe r s and employe e s about its interpretation of Colorado ’ s labor and employment laws under its authority . On February 15, 2024, the CDLE issued three new INFOs providing comprehensive insights into employee rights regarding protection from retaliation or interference when engaging in protected activity under the laws it administers . B elow are summaries of the three new INFOs, along with links to each publication: What I s Considered ...
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To understand Colorado’s employment laws , turn to Employers Council’s resources to get the information you need. Start with o ur Colorado Quick Facts   for an overview of  the state’s employment laws . Our myriad resources also includ e the following: Whitepapers   These provide guidance and suggested action steps to comply with specific laws :   Pay ing employe e s  equit abl y , job posting, recordkeeping requirements by the  Equal Pay for Equal Work Act (EPEWA)   Minimum wage and overtime ...
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Advancements in technology have enabled what was once science fiction to become an easily accessible reality. Within a short period , employees can set up company websites, implement tracking tools for those sites, and use artificial intelligence (AI) to answer customer s’ questions. Given how accessible these activities are, there may be an instinct not to have policies in place that govern employees' approach to these technologies . Ignore this instinct because the liability from these activities is increasingly under scrutiny . Protected Health Information and Third-Party ...
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Employers have struggled to attract talent for many years now. The traditional and often passive recruiting efforts of posting a job on a careers page or a job board may no longer be adequat e. Instead of relying solely on outside talent, consider looking within . Consider a talent marketplace. Talent marketplaces are transparent , technology-enabled talent management systems that connect employees with developmental opportunities within your organization. These two-sided platforms capture employees’ skills with appropriate positions within the organization. You likely have experienced a marketplace like ...
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Utah lawmakers are about a month into their 2024 legislative session , and one of the bills introduced so far that could impact employers is H ous e Bill 55 . If it passes, HB 55 will limit the enforceability of employers having nondisclosure and nondisparagement clauses related to sexual assault and sexual harassment in the hopes of having fewer instances of sexual assault or harassment claims . This probably sounds familiar to most employers, and that’s because in 2022 Congress passed the federal Speak Out Act , which prohibits employers from entering into agreements ...
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After much anticipation, New Mexico Senate Bill 3 , otherwise known as the Paid Family and Medical Leave Act, was officially rejected by the state House on a 34-36 vote . The Act was set to provide New Mexico employees with up to 12 weeks of paid time off for qualifying reasons. These qualifying reasons would have include d welcoming a new child, caring for a family member with a serious health concern, a nd managing one ’ s own serious medical condition. T he New Mexico Department of Workforce Solutions would have administer ed a Paid Family and Medical Leave Trust ...
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Editor’s note: Employers Council offers members access to a library of books. This article is part of an ongoing series to introduce members to the collection. Ever since the transition to remote work prompted by the COVID-19 pandemic , members have asked us for guidance to achieve success with remote and hybrid employees . When I came across the book Remote Not Distant – Design a C ompany C ulture T hat W ill H elp Y ou T hrive in a H ybrid W orkplace , I added it to our library collection in hopes it would offer helpful insights . I read Remote Not Distant ...
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Employers that operate in multiple states have a responsibility to understand the various employment laws that impact employees who reside in those states. Employers also have a responsibility to en sure that employees have a clear understanding of the ir state - specific rights and to maintain compliance. The key to en sur ing that your employees understand how state - specific employment laws impact them is clear communication. Providing state addendums with your employee handbook is a great wa y to a ccomplis h this . State addendums provide clarification ...
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T he U.S. Supreme Court issued a ruling on February 8, 2024, strengthening a whistleblower ’ s path in seeking to invoke the protections of the Sarbanes-Oxley Ac t (SOX). The protection s prohibit covered employers from retaliating against employees because of protected whistleblowing activities. The Court made the unanimous ruling in the case of Murray v. UBS Securities, LLC (22-660). In the case, Trevor Murray was employed as a research strategist at securities firm UBS and claimed he was improperly pressured by superiors to skew his reports to be more ...
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Assembly Bill 1076 became effective January 1, 2024 , and adds new Business and Professions Code §16600.1 . The new California law makes it unlawful for an employer to include a noncompete clause in an employment contract or to require an employee to enter a noncompete agreement, absent an applicable narrow exception. Prior to this law, non-compete agreements and provisions were void and unenforceable rather than unlawful. The new law also places an affirmative obligation on employers to provide specific notice to certain employees by Valentine’s Day. No later than February 14, 2024, employers must deliver written notice ...
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Employers often ask, “If at-will employment is the law of my state, why do I need documentation for a termination?” It’s a fair question . I ntuitively, documentation does not seem to be necessary under the law of at-will employment . The truth is, however, that a lthough at-will jurisdictions generally do not require documentation to support a termination, documentation is nonetheless critical to mitigating potential legal liability and effectively managing an organization . In the broadest terms, at-will employment is a legal doctrine that means an employer or employee may end the employment relationship ...
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Anyone who has created or updated an employee handbook knows it’s a big project. At Employers Council , we consult with employers about handbooks and review hundreds each year. We understand the investment of time and brainpower it takes. Once the document is complete, it may feel like a relief to wrap it up and distribute it. Consider taking a deep breath and creating a process to roll it out that will help everyone understand the handbook’s purpose and goals, how to use it , and what’s new, whether it’s the whole document or updates to an existing one. Below are some steps to take . Fine ...
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The Super Bowl takes place on Sunday, February 11, 2024 , in Las Vegas. The g ame brings some employment law concerns a nd highlights lessons employers can learn from the National Football League ( NFL ) season. Workplace Attendance The Super Bowl may result in attendance issues on game day and the following Monday. In the days leading up to the Super Bowl, some employees scheduled to work on Sunday may ask for the day off, planning to attend a party or otherwise watch the game. If an employee claim s a religious accommodation to working on Sunday s , ...
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January was the first sitting month in 2024 for most of the legislatures in the mountain region. At Employers Council, w e monitor the thousands of introduced bills for those pertaining to employment law that might affect our members. The following is a summary recap of what was introduced or acted on in Colorado, Arizona, Utah, and New Mexico during January. Colorado Colorado’s legislature convened January 10 , and a few employment bills have been introduced . Two bills would increase the state’s posting requirements. HB24-1015 would require posting and education in the ...
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