Minimum Wage – Overtime and Minimum Pay Standards (December 2020) (January 2021)

• Effective January 1st, 2021, the minimum wage will increase to
  • $9.30/hour for tipped employees, and
  • $12.32/hour for all other employees.
• The exempt salary minimum has increased to $40,500 per year.

Healthy Families and Workplaces Act (January 2021)

• HFWA requires 1 hour of leave earned per 30 hours worked, to a maximum of 48 hours paid leave a year. Up to 48 hours of unused accrued leave will carry over into the next year.
• 80 hours of supplemental paid leave to apply in public health emergencies, until 4 weeks after the public health emergency ends
• Employers with 16 employees or more are required to provide paid leave under the law.
• Employees may use accrued leave for any of the following reasons:
  • A mental or physical illness, injury, or health condition that prevents work, including diagnosis/preventative care,
  • Domestic abuse, sexual assault, or criminal harassment,
  • A family member experiencing a condition described above, or
  • A public health official closed the workplace or a place of care for the employee’s child.
• During a public health emergency (PHE), employees may use supplemental leave when:
  • Self-isolating or being excluded from work due to exposure, symptoms, or diagnosis of the communicable illness in the PHE,
  • Seeking diagnosis or care for the illness,
  • Unable to work due to a health condition that increases susceptibility or risk regarding the illness, or
  • Caring for a child or family member in a situation as described above, or whose school or childcare is unavailable due to the PHE.
• Employees continue to earn up to 48 hours of accrued leave during a PHE and may use supplemental leave before accrued leave.
• Paid leave cannot be considered as an ‘absence’ resulting in the adverse action, and employers cannot require employees to find a replacement or coverage when requesting leave.
• Employees are protected from retaliation for:
  • requesting leave,
  • informing others of their rights under the law,
  • filing a complaint, or
  • assisting in an investigation of a complaint.
• Employees CAN face consequences for misused leave, but not for a good-faith complaint, request, or other activity.
• The notice lists the type of documentation employers may require under specific circumstances, as well as recourse if they believe the reason/documentation is insufficient.
• Leave can be taken in six-minute or one-hour increments
• Employers must be able to provide documentation on both the amount of available leave and the amount of leave used for each employee. This information may be requested once per month or when the need for leave arises.
• Employers are prohibited from requesting ’details’ of employees’ or the employee’s family’s HFWA-related health information. This information is considered a confidential medical record.

Colorado – Whistleblower Act (PHEW) (December 2020) (January 2021)

• The notice uses and defines the terms “principal” and “ worker”:
• Any employer in Colorado, and any business in Colorado with 5 or more independent contractors, is a covered “principal” that must comply with PHEW. The federal government is exempt from this law.
• An employee or an independent contractor at a “principal” is a “worker” covered by the law.
• Under the new law, it is illegal to retaliate against or interfere with the following acts during and related to a public health emergency:
  • raising reasonable concerns about workplace violations of government health or safety rules, or about a significant workplace threat to health or safety. This can be a formal or informal complaint to any person.
  • Opposing or testifying, assisting, or participating in a proceeding about a violation as mentioned above.
• An employer cannot retaliate against a worker’s good-faith, reasonable complaint, request, or other covered activity, even if the worker was incorrect. However, workers can face consequences for misusing PHEW rights or other misconduct.
• A worker must be allowed to voluntarily wear their own PPE, such as a mask, faceguard, or gloves if that PPE:
  • Provides more protection than the equipment provided at the workplace;
  • Is recommended by a government health agency; and
  • Does not prevent the worker from doing their job.
• Employee’s complaint rights for both laws are listed on the notice.

Colorado Labor Law Poster Requirements

• Minimum Wage
• Discrimination in Employment*
• Injuries on the Job*
• Unemployment Insurance*
• Notice of Paydays
• Whistleblower Act
• Healthy Families and Workplaces Act

Federal Posting Requirements for Colorado 

• Equal Employment Opportunity – EEO*
• Federal Minimum Wage Poster*
• Family and Medical Leave Act (FMLA) Poster*
• Occupational Safety and Health Administration (OSHA) Job Safety and Health Poster*
• Employee Polygraph Protection Act Poster*
• Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster

*Included on Spanish poster

NOTE: Spanish posters may not include all notices published on the English poster and may vary from our standard 18″w x 24″h size since some states do not issue all notices in Spanish.

Employment posters must be posted in a conspicuous location.

Paid Sick Leave (HFWA) – Jul 2020
Whistleblower Act (PHEW) – Jul 2020
Minimum Wage – Jan 2020
Discrimination in Employment – Jul  2019
Unemployment Insurance – May 2019
Minimum Wage – Jan 2019
Minimum Wage – Jan 2018
Minimum Wage – Jan 2017
Minimum Wage – Jan 2014
Discrimination – Jan 2014
Unemployment – Jan 2014
Notice of Paydays – Jan 2014
Workers Compensation – Jan 2014

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