Employment Law Legislation

Campbell Litigation; The Rocky Mountain Employer Blog

Heading into the second quarter of 2023, it is an opportune time to catch up on additional employment law changes that have passed through the General Assembly and are awaiting the signature of Governor Polis to become law. Of note are House Bill 23-1146, which will bolster employees' rights to accept cash tips outside of traditional, gratuity-based industries, and Senate Bill 23-058, also known as the Job Application Fairness Act, which relates to the legality of requiring job applicants to provide age-related information on initial job applications.

Employer Policies Against Accepting Tips and Gratuities May Be Curtailed – House Bill 23-1146

Introduced during the 2023 Regular Session, House Bill 23-1146 may significantly limit the ability of employers to prohibit employees outside of traditional, gratuity-based industries from accepting customer tips. On May 07, 2023, this bill was passed in the Senate with no amendments made. The bill, if signed into law, will amend Colorado’s wage and hour statutes to state that it is an unlawful practice for employers to take adverse action against employees who accept cash tips from patrons, but employers may still require employees to share such gratuities with other employees according to a pre-established basis.

If passed, the bill’s prohibitions would not apply to certain industries. Specifically, the bill would not apply to employers regulated by the Division of Gaming, health-care facility employees, employees engaged with programs for all-inclusive care for the elderly, and employees providing housing and services to adults aged 60 years or older. Likewise, the bill does not apply to employees required to maintain licensure, certification, or registration as a condition of their employment.

Job Application Fairness Act – Senate Bill 23-058

The Job Application Fairness Act, or Senate Bill 23-058, was passed by the Senate with amendments from the House on April 26, 2023. If signed into law, then starting July 1, 2024, employers will be prohibited from inquiring into a prospective employee's age, date of birth, and dates of attendance at or graduation from an educational institution within an initial employment application.

However, employers may request age-related information under certain circumstances. These include verifying compliance with age requirements tied to occupational safety, federal laws or regulations, or state or local laws based on bona fide occupational qualifications. The Department of Labor and Employment will be responsible for enforcing the requirements of the Act, issuing warnings and orders of compliance for violations, and imposing civil penalties for second or subsequent violations.

Employer Considerations

These changes reflect the Colorado General Assembly's ongoing effort to enhance employee rights in the workplace. Colorado employers should stay informed of these developments to ensure compliance and avoid fines, penalties, or other repercussions. Campbell Litigation will continue to monitor the status of these and other labor and employment-related bills, and is available to assist with employment law compliance issues as they arise.

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Making Change: Black History Month 2025

By Greer Campbell • February 12, 2025

While we are only 2 months into 2025, it may feel we’ve lived many lifetimes already. February is Black History Month, and this year it is essential to celebrate and support leaders and people of influence more than ever. As media coverage and information continue to grow at the tip of our fingers, it’s easy to feel that being just one person, you can’t make a huge difference for huge causes, but that is not the case. As professionals, every year we meet with our team, with our supervisors, and focus on goal setting. One major suggestion when entering this planning stage, has always been to set achievable goals. Don’t create chaos in your mind trying to achieve an unachievable goal, our supervisors tell us. The same goes for support change and community. You don’t have to be a major donor to a cause, or a legislator, decision-maker to be the change you want to see. Black history month is and always has been essential to education and honoring stories and perspectives of those that paved the way for communities of the present and future. Below, we’ve outlined ways to be an ally and support Black History Month this month, and every month after. Shop Local, Black Owned Businesses Small businesses thrive off community support. Individual care and attention go into each service and product a local business produces. So, next time you need a coffee on the go, a brunch spot to meet your friends, a new work outfit, or a concert for your next weekend outing, do a google search of black owned businesses around you, try it out, and refer your friends. Educate Yourself Did you know it was a black woman, Marie Van Brittan Brown, that invented the first home security system, which included a camera, peepholes, and a two-way communication system? Or a black man, Garrett Morgan, who invented the 3-light traffic light? Many life changing and saving innovations are credited to people of color, specifically African American people. Doing research and educating yourself on black leaders and people of influence can continue the knowledge and support of the black community, and further the narrative that teams and ideas flourish under diverse perspectives. Volunteer Act, to make change. Research organizations and causes that support racial justice, social equality, and community development. Join groups that work together to support community and engage your skill sets to work together and make a change. Ask the Questions, Use Your Voice See something, say something. If you see a coworker experiencing discrimination, call it out. If your organization is not operating inclusively, set a meeting with your manager to start the conversation. For more information on causes to support, where to start, and how to make change, contact Diverse Talent.

Goal-Setting for Leaders: Embracing 2025 with Purpose

By Greer Campbell • January 8, 2025

As the New Year kicks off, leaders are invited to take time to redefine aspirations for personal and professional growth. Goal setting as a leader helps to push forth an environment of accountability and ambition within teams. By embracing SMART goals ( S pecific M easurable A chievable R elevant T ime-bound) leaders provide strategy and achievable goals that resonate with evolving demands of 2025. If you are finding yourself drawing a blank in beginning the stages of goal setting for 2025, see below for a guide and items to consider adding to your spread: Begin by reflecting on the past year. What went well? What challenges arose? What needs to be discontinued? Identifying achievements and problem areas from the previous year can help in defining where to focus in the new year. This reflective process lays the groundwork for future successes. Connect with different teams and lead discussions to gain all perspectives of previous work, with a clear understanding of past performance and data. Engage your Team. When charting the course for the company’s future, engaging the team in thoughtful dialogue to gather invaluable feedback about ongoing projects and programs helps leaders understand not only what has fueled the organization’s successes, but also what challenges remain. True growth stems not only from pursuing high targets, but also from embracing diverse perspectives and insights from your team. Set Accountability Measures. Once your goals are set, it’s imperative to continue check ins and maintain accountability throughout the year. Scheduling 360 reviews with your teams s not just a procedural obligation, but an essential practice to ensure everyone feels encouraged to receive and give feedback and gain valuable insights that can shape the professional development of the team. Moreover, continuing the refinement of established goals is vital for maintaining focus and direction. As your team engages in regular discussions about their objectives, it facilitates a dynamic process of assessment and adjustment. This ongoing refinement not only ensures that everyone remains aligned with the overall vision but also fosters individual accountability, making each team member a crucial part of the larger mission. Continue your Leadership Education and Professional Development. Continued education is at the forefront for continued success of your individual position and company. Sharpen your leadership skills and ensure you’re up to date on how to effectively lead your team with online or in person programs. Diverse Talent’s DT University is a virtual, 6-session course focused on refining leadership qualities and skills. Meet with a mentor each week and learn through facilitated conversations and workshops to enhance your leadership abilities. For more information, contact us at DT@diverse-talent.com , or visit our website at www.diverse-talent.com .