Hearing November 1 on Colorado Proposed Rules for Minimum Wage, Consumer Credit, and Social Media, Comments Due November 5

The Colorado Department of Labor and Employment (CDLE) will hold a public hearing on Friday, November 1, 2013, at 2 p.m. on its proposed minimum wage, consumer credit, and social media rules.

The CDLE has revised Minimum Wage Order Number 30 to increase minimum wage from $7.78 to $8.00 per hour on January 1, 2014. The minimum wage for tipped employees increases from $4.76 to $4.98 per hour. A tip credit of no more than $3.02 per hour may be used to offset the minimum wage.

The CDLE proposed rules to implement the Employment Opportunity Act, effective July 1, 2013. This law limits credit screening to executive or management personnel, officers, or employees who constitute professional staff to executive and management personnel, with certain specified responsibilities. The CDLE guidance does not offer more detail on what these terms mean. In one FAQ on the topic, the CDLE references Colorado’s non-compete statute. The non-compete statute does not, however, define these terms. The law covers employers with four or more employees, but not state or local law enforcement agencies and employers of private domestic servants or farm and ranch labor are not covered. The law exempts credit screening performed by banks and other financial institutions, and credit screening required by law. The CDLE has created a complaint form and hearing process for aggrieved parties, and can award $2,500 to a prevailing party. The CDLE guidance on this law is available here. 

The CDLE also proposed rules to implement the Social Media and the Workplace Law effective May 11, 2013. This law prohibits employers from suggesting, requiring, or requesting applicants or employees to disclose user names, passwords, or other means for accessing their personal social media accounts or services through personal electronic communications devices. The law also prohibits employers from compelling applicants or employees to add anyone, including their employers, to their contacts list or to change privacy settings of social networking accounts. The CDLE has created a complaint form and hearing process for aggrieved parties. Employers who violate the law are subject to a fine of up to $1,000 for the first offense and a fine not to exceed $5,000 for each subsequent offense. The CDLE guidance on this law is available here.  

The hearing will be held at 633 17th Street, Second Floor, Suite 200, Denver CO 80202. MSEC will be asking the CDLE for further clarification on aspects of these laws including which employees can still be screened under the credit screening law and the how long the window for complaints remains open under both laws. Employers wishing to comment on the proposed rules can attend the hearing or send comments by mail, fax to 303-318-8400, or email to cdle_labor_standards@state.co.us by November 5, 2013.