Colorado Department of Labor and Employment Issues New Rules and Updated Guidance for 2023
Jesse A. Cherkoss, Associate
Colorado Department of Labor and Employment issued an update on newly published employment rules and pertinent guidance, many topics that our firm’s blogs have been following.[1] To summarize:
1. Publication and Yearly Calculation of Adjusted Labor Compensation (2023 PAY CALC): Per the updated PAY CALC rules, Colorado minimum wage is now $13.65 per hour, $11.61 for minors, and $10.63 per hour for tipped employees.[2] An updated version of Colorado’s required “Overtime and Minimum Pay Standards Order” poster can also be found here.[3] The new version of this poster includes the 2023 minimum wage and salary figure modifications. Colorado’s other required poster, the “Workplace Public Health Rights” poster, has no new changes and employers can continue to use the existing version updated June 2022.
2. Colorado Whistleblower, Anti-Retaliation, Non-interference, and Notice-Giving Rules (“Colorado WARNING Rules”): The new rules codify the Division’s authority to order attorneys’ fees and costs in wage claim disputes and define a ‘public health agency.’[4] The new rules reflects the amendments to the Public Health Emergency Whistleblower Act (“PHEW”) and clarify which worker activities are “protected activities” and that PHEW’s protections now extend past public health emergencies and are protected if they relate to workplace violations of, or risks to, health or safety rules.
3. Wage Protection Rules: As discussed in a previous blog entry, the adopted rules retains the substance of the proposed rules, with changes to expand the range of persons or entities who may be subject to a notice of a lien and levy for unpaid wage claim judgments, and provides more detail on how notices of liens and levies may be rescinded or modified.[5] Additionally, the rule simplifies the language regarding the pay rate to be used when providing paid sick leave, but does not substantively change the calculation. The rule also provides prevailing parties with a procedure to recover attorneys’ fees and costs incurred in administrative wage claims.
4. Prevailing Wage and Residency (“PWR”) Rules (formerly known as Keep Jobs in Colorado Act): The new rules consolidate and simplify rules that workers classified as “Colorado Labor” workers (residents of Colorado working on a public project) are required to perform at least 80% of the work on public projects undertaken in Colorado and financed in whole or in part by the state and applies to every contractor who is awarded a contract of $500,000 or more for a public project.[6]
As always, Campbell Litigation is available to assist with any questions regarding these modified rules.
[1]See Graves, A., New Changes in Effect with Colorado’s Wage Protection Rules, Starting January 1, 2023, Rocky Mountain Employer Blog (Dec. 29, 2022), available at https://www.rockymountainemployersblog.com/blog/2022/12/29/new-changes-in-effect-with-colorados-wage-protection-rules-starting-january-1-2023.
[2] 2023 PAY CALC Rules, 7 C.C.R. 1103-14.
[3] “Colorado Overtime and Minimum Pay Standards” poster. Available at https://cdle.colorado.gov/posters-0.
[4] Colorado WARNING Rules, 7 C.C.R. 1103-11.
[5] Wage Protection Rules, 7 C.C.R. 1103-7.
[6] Prevailing Wage and Residency Rules, 7 C.C.R. 1103-6.