Legislative Updates

In addition to the Healthy Families and Workplaces Act, and the CROWN Act, Colorado lawmakers have been on a tear for employment law in the last few weeks. Here are a few that employers should be aware of:

SB20-200 – Implements the Colorado Secure Savings Program. The law instructs the Colorado Secure Savings Board to create and implement the Colorado Secure Savings Program; an automatic enrollment payroll deduction IRA for employees.

  • It applies to employers with five or more employees, although any employer can voluntarily participate.
  • It allows the money deposited to move with employees when they change jobs.
  • Employees can opt out if they want.
  • Employers who offer a qualified retirement plan, like a 401(k) or others, can be exempted.
  • Employee contributions will start at 5% of gross wages with an annual 1% increase to a maximum of around 9%. Employees can set a different contribution level.

SB20-207 – Concerning Unemployment Insurance.

  • Current law requires a deduction from the weekly total and partial unemployment benefit amounts of the part of wages that exceeds 25% of the weekly benefit amount. The bill changes the percentage of wages for calculating the deduction to 50% for 2 calendar years.
  • When determining whether an individual qualifies for unemployment insurance, the bill directs the division of unemployment insurance (division) in the department of labor and employment (department) to consider whether the individual has separated from employment or has refused to accept new employment because:
    • The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer’s business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; an executive order issued by the governor requiring the employer to close the business or modify the operation of the business; and any public health order issued by the department of public health and environment or a local government;
    • The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or
    • The employee is immunocompromised and more susceptible to illness during a public health emergency.
  • The bill changes the time period that an interested party has to respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days.
  • Current law authorizes the division to approve a work share plan submitted by an employer if the employee’s normal weekly work hours have been reduced by at least 10% but not more than 40%. The bill changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law.