Colorado employers, reminder: PAY CALC order and COMPS 38

Colorado employers are reminded about the posting and distribution requirements related to the CDLE’s PAY CALC order and COMPS order 38.

Posting: The CDLE requires, in its Rule 7.4.1 of 7 CCR 1103-1, that employers post the latest COMPS Order poster (currently 38) as well as the PAY CALC Order for that year in a part of the workplace where employees can “easily” read it during the workday. If not practical, it needs to be distributed to new hires within the first month of employment and made available upon request.

Distribution: The CDLE requires, in its Rule 7.4.2 of 7 CCR 1103-1, that the most current COMPS Order poster (currently 38) also be distributed to employees “with any” handbook, manual or other policies, if and when an employer publishes or distributes any handbook, manual or policies. Additionally, if the employer requires that any such handbook, manual or policy be signed, then the employer must also require signatures on an acknowledgement for the COMPS Order.

The CDLE offers its posters in various languages on its website and requires the COMPS Order poster to be posted in whatever language the employer’s workers speak. The CDLE also will translate the poster into a language for the employer if not already available on its website.  

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CDLE publishes basket of materials to help employers meet January 1 deadline for FAMLI program

The CDLE has published a basket of materials to help employers meet January 1 deadline for the new FAMLI program. FAMLI will be the new paid leave government program. It was established by voters in Colorado who in 2020 approved Proposition 118. The new program will provide benefits (not too unlike how current workers compensation and unemployment government programs are administered) for family needs such as birth, adoption, etc., as well as in times of serious health conditions. The program will require employers to deduct from worker wages and pay premiums starting January 1, 2023. Benefits won’t be provided until January 1, 2024. To be able to start paying premiums, employers will need to register. 

An initial deadline therefore is for employers, no later than January 1, 2023, to post a workplace poster explaining the deductions that employees will start seeing in their paychecks. The CDLE has also provided a paycheck stuffer that can be provided to employees with their paychecks, as well as a sample paystub showing how employers can reflect the new deduction. An additional summary suitable for use in break rooms is available as well from the CDLE. 

While the CDLE has not yet fleshed out the full notice requirements that employers will face, the governing statute at CRS 8-13.3-511, provides that the poster must be (1) posted and distributed as the company does its posters (employers who have distributed posters and notices by email, including to remote workers during the pandemic, should consider doing so again with the poster in addition to posting it), (2) provided to all new hires and (3) provided to individuals if the employer learns they may have need of FAMLI leave. 

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