One thing we wanted to do when we started HRx, was to provide a place where we, as HR professionals, could share with our HR community the things we feel are important and help you stay informed. With that intention, we share with you things that we feel HR practitioners should be thinking about now, for future workforce planning.
COMPS Order #36 - dates and information you should know.
What it is: According to the CDLE - The COMPS Order, like the previously issued wage orders, is the source of critical Colorado wage rights and responsibilities beyond those provided by federal law, including eligibility for the Colorado minimum wage; overtime pay for work past 40 hours per week and 12 hours per day; meal and rest breaks; and other employee and employer rights and responsibilities, such as what wage deductions are permissible, how hourly rates are calculated from non-hourly pay for overtime, and posting the Order’s provisions to employees for ease of access.
Timeline for compliance: COMPS Order #36 was initially adopted in January of 2020, with an effective date of Marth 16, 2020. Additionally, the CDLE also adopted three modifications in a temporary/emergency ruling with took place also on March 16, 2020, and were then finalized as permanent modifications starting on July 15, 2020.
According to an article from Littler, following the new final version, and temporary orders, employers are required to comply with all areas of the original COMPS #36 Order, and the modifications contain further clarification on the following items:
Which company situations qualify as joint employers, and which FLSA laws are applicable in the definition.
Exemptions for Direct Care/Direct Support Companions.
Recordkeeping Requirements for up to 3 years:
Employee Name, address, occupation, and date of hire
Date of birth if the employee is under 18 years of age
The daily record of all hours worked
Record of credits claimed and tips
Regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period
Wage Statement Requirements which share the above information with employees in one of the below delivery methods:
May provide to employees with each paycheck
Once a year in January (in alignment with W-2 wage reporting)
In an online portal - provided employers have employee address information
AND a copy of these records once a year, if requested by the employee
FFCRA Wages Reporting Requirements - Guidance for IRS for Form W-2 Reporting
What it is: FFCRA - or Families First Coronavirus Response Act, is legislation enacted in response to COVID-19. Under the FFCRA, covered employers (employers with 500 people or less) must provide employees with paid sick leave, and/or partially compensated family and medical leave for COVID-19 related reasons either for themselves or to care of another (meeting specific requirements) person in the home.
Because employers were able to claim tax credits for these paid leave needs, under Notice 2020-54, the IRS issued guidance for reporting payments made to employees for these leave requirements.
According to the notice, employers be will be required to report these amounts either on Form W-2, Box 14, or on a separate statement.
Colorado Paid Sick Leave Bill - New legislation to take effect 2021, has been sent to the Governor
What it is: There is a bill that has been sent to be signed by Governor Polis. The bill creates the "Healthy Families and Workplaces Act" (act), which requires employers to provide paid sick leave to employees under various circumstances.
The act states that employers are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic
Additionally, it requires all employers in Colorado with 16 or more employees to provide paid sick leave to their employees on an accrual basis for up to a maximum of 48 hours for both full-time and part-time employees
Additional information and explanations for how the accrual is set to work, and what the paid sick leave may be used for are included in the information provided by the bill sponsors which you can view here under SB20-205.
More to come as we continue to watch this unfold, and we will share more once (and if) the bill is signed by the Governor.
As always, the HRx Services team is here to help work through these unprecedented times, share our stories and the things we are looking at in our company with our clients, and work to help shape the workplace here in Colorado in positive, impactful and successful ways. Learn more about our team here at HRx - and be sure to check out our fun pages as well!
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