Colorado Employment Law: Important Topics to Know When Hiring

Posted

employment law

Have questions about the employment laws of Colorado?  Maybe you aren’t sure about the minimum wage changes or how to properly discuss sensitive parts of the job.  We have consolidated a lot of that information here to provide an easy-to-read compilation of Colorado Labor Laws.

Should I Know More?

Nearly all of our clients ask us about employment law at one point or another.  We have so many employees in different industries within manufacturing and construction as well as points of contacts with our clients that the law is sometimes hard to find or interpret.  Thankfully, ROLINC Staffing prides itself on its knowledge of employment and payroll law to ensure both we and our clients are by-the-book.  It’s okay if you aren’t sure!  But know that there are resources, including ROLINC Staffing, to get more information.

Are There Changes to Minimum Wage and Overtime Laws in Colorado?

Minimum wage in Colorado, which is the lowest an employer can pay an employee, is $11.10, up $0.90 from 2018.  This makes the great state of Colorado sixth highest in minimum wages in the country, according to Labor Law Center.  The increase was drawn from a law voted in to raise minimum gradually to $12.00 by 2020.  This final stage is quickly approaching! Though the legal minimum wage is $11.10, many employers believe that the “true living wage” is closer to $15.00 per hour in Denver to stay competitive and attract qualified job seekers.

At this time, there are no changes in overtime laws in Colorado.  After a 40-hour work week or any 12 hours during the day, overtime is subsequently required.  This pay is equal to at least one and a half times the regular pay rate.  For example, this means that at a minimum wage of $20.00, the overtime rate would be $30.00.

Age Discrimination

It is unlawful for Colorado employers to refuse to hire someone based on their age or discriminate in any way based upon this – though the law states it is specifically for ages 40 and higher.  While we aren’t quite sure why the age states 40, we do know that some companies ignore this practice.  What they might not see or understand is that the most important factor when hiring someone is if they can DO the job.  Age should not be a factor, but rather the capability and ability to perform the required tasks should determine eligibility.

For example, there are two candidates seeking a material handler position.  Both can lift 75 pounds and have done so repeatedly at work for the entirety of their careers.  Both have worked on their feet all day and have no problems with continuing to do so.  They want the same pay rate and benefits.  They both have experience in the industry needed.  But one candidate is 25 years old; the other, 55.  Again focus on whether the candidate can perform the tasks at hand and would be a strong addition to your team.  As a hiring manager, try to blind yourself from the parts of someone that won’t affect their job or performance.  That’s what this law is focused on, and that’s what your hiring should be focused on as well.

Employee Driving Laws

Understanding the different types of drivers’ licenses can be critical when hiring.  If you have a basic Colorado driver’s license, it is a class R.  This allows the operation of any vehicle except for motorcycles and commercial vehicles, according to driving-tests.org.  The specific class of license that is necessary for commercial vehicles is A, B or C.  Class A allows for driving of any vehicle that weighs 26,001 pounds or more; Class B allows for driving of any vehicle that transports 16 people or more, like a bus; Class C allows for a truck to carry hazardous material.

Keep in mind that a CDL holds valid for 4 years.  Also to be able to carry hazardous material the driver must pass the HAZMAT written exam and provide a TSA background check.  Along with all this the age requirements are 18 and up.  But drivers must be 21 and up to haul across state lines, haul hazardous materials, and operate vehicles with doubles or triples.

What is Co-Employment and How Does It Affect Our Business?

Co-employment is unique to the staffing industry.  A staffing firm like ROLINC handles the sourcing, vetting and hiring process, onboarding paperwork, wage payment, unemployment, and Workers’ Compensation.  However, our clients determine the employees’ daily roles and are responsible for their day-to-day management.  In short, we handle the matchmaking and HR and the client’s management team directs and supervises.  This type of outsourcing is extremely beneficial to businesses, but it’s also important to know and understand that co-employment exists and doesn’t make either party exempt.  Our companies are involved in employment together, which is why we often refer to them as our partners.

How Does ROLINC Stay Up-to-Date with These Laws?

We are constantly reading and learning about new law cases involving staffing and its clients nationally and here in Colorado. This helps us know the most recent changes and effects that employment law has on our operations as wellas our clients’. ROLINC also holds membership in the American Staffing Association, Colorado Staffing Association, Association of General Contractors / Colorado and a staffing owners group. These supportive communities help us stay in check and know the newest info and changes.

What Else?

There are many laws in regards to employment that are not listed here; however, they are just as important to know. Anyone supporting and managing hiring should be aware of these laws – what to ask, what not to ask, when to ask certain questions to stay compliant. We have several hiring experts in house that can support your questions and concerns.

 

Still have questions?  Feel free to contact us or give us a call at (303)364-5300 to learn more answers to your questions on employment law.

Leave a Reply

Your email address will not be published. Required fields are marked *