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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Mid-Year Business Update

By Greer Campbell • 04 Sep, 2024

The job market, quiet quitting, uprise of the digital age, and the decline of DEI? The professional world moves quickly, and it’s easy to get lost in the conundrum of new news. Here is your mid-year update. AI is Updating…Surprise Surprise Generative AI is updating their experience from transactional to a more personal approach. Individuals use of the internet will change, implementing 2-way conversation and solution focused models allowing users to get a more catered response. These updates will grant users a deeper understanding, and companies a more “human-like” vision of the brand. The New Future of Planning The concept of tradition has been molded, shifted, and completely torn apart in the past decade. Most of these shifts are seen as positive, yet some pose greater challenges than not. The rise of cost of living and cost of consummation has individuals adjusting their priorities. The global pandemic also threw a wrench in the ways of planning, pushing organizations to shift focus on fluidity and flexibility to ensure retention and growth. The Not So Quiet Quitting Quiet Quitting is a term that has been frequently thrown around since the pandemic. Commonly coined by social media, the act of quiet quitting refers to an employee doing the minimum requirements of their job, lacking effort, creativity, and excitement. According to a Gallup survey of workers taken in June 2022, quiet quitters make up at least 50% of the U.S. workforce. This act can be avoided by managers and organizations through regular check ins, employee surveys, and attention to creating a work-life balance. Technology in 2024: Helpful or Overwhelming? Tech advances are happening so rapidly, many feel that it’s become almost impossible to keep up. The advancement of technology is meant to make life easier, however some feel it’s doing the opposite. In addition to user error, technology is also playing a major part in mental health deterioration and wellbeing. The battle for attention, the pull of creativity, and most importantly – the brain rot. Are we letting this go too far?

Interview Questions Your Team Should Avoid

By Greer Campbell • 04 Mar, 2024

Growing your organization requires the right team. Hiring the right team requires the right approach. Vetting and getting to know potential hires is key to building an effective culture. Interviewing candidates is your first chance to understanding applicants, their skill sets, their professional goals, and more. But just as you are vetting applicants, they are vetting you. The interview process allows applicants to gain a better understanding of your organization’s goals, culture, and needs. Setting the right example and perspective on your company begins with your interviews. One wrong or controversial question, and that could break a potential beneficial business relationship. See below for examples of questions to avoid asking candidates in interviews, and why. Are you planning to start a family soon/Are you planning to expand your family soon? While this seems like an obvious conflict, many companies are still asking this to potential employers. This makes the applicant feel like that would make or break their candidacy. Mothers and fathers in business want to feel support from their employer, an unspoken sense of support. Starting a family or having a family does not dictate a candidate’s professional abilities, therefore there is no reason to ask. What are your religious, political, and sexual stances? Again, these are personal attributes that do not affect a candidate’s ability to perform professionally, therefore can be seen as inappropriate and reason for termination of consideration for candidacy. Where are you originally from? While on the surface this may seem like an innocent question, it is illegal under Title VII of the Civil Rights Act of 1964 making it illegal to discriminate against someone on the basis of national origin. If you ask, you could be accused of discriminating against them. You can, however, ask if the candidate will be able to report to the position location required by the job opening. How old are you? It is illegal to ask someone’s age, you are only allowed to confirm the candidate is of legal age to work full time, being 18 years old. What salary did you make at your previous role? Many states have implemented a salary transparency law, enforcing job postings and descriptions must portray the salary range for the position. Even if your state does not have this law, it is safe to avoid asking a person’s salary history. Instead, share the salary range and confirm the candidate’s expectations are within the range. As the market continues to be competitive and ever changing, engaging a 3 rd party service like Diverse Talent can greatly benefit in finding your organization’s right fit based on our industry expertise.