Payroll Colorado, Unique Aspects of Colorado Payroll Law and Practice
In November 2009, Colorado voters approved Amendment 37 to the Colorado Constitution, giving most adult employees in Colorado the right to earn paid sick leave. The new law went into effect on January 1, 2011.
The State of Colorado is still struggling with the development of a coordinated pay leave plan for the state population at large and so there remain many unique aspects of payroll laws and practices in our state that are best understood through personal consultation with a knowledgeable payroll professional.
The following information is excerpted from the book "Payroll Colorado, Unique Aspects of Colorado Payroll Law and Practice", written by Susan M. Russell and published by Lindsey Publications, Inc. in partnership with the Colorado chapter of the National Association of Payroll Professionals (NAPCP). This book is available at local payroll service providers or may be ordered directly from the publishers at www.payrollco.com or 800-918-PAYROLL (800-918-7996).
INSURANCE BENEFITS
CO insurance benefits information is contained in several chapters, depending on whether they are administered by the employer or purchased through an insurance company or self funded plan.
The Colorado Employers Insurance Association (CEIA) administers health insurance and workers' compensation claims for their members. The Employer Health Services Division of CEIA maintains a website at www.ceia.com/Services/Pages/Health-Services-Division.aspx, with links to the Employee Benefit Handbook, provider directory and claim forms, as well as helpful brochures about employer rights and responsibilities, COBRA continuation of coverage, COBRA appeals and general health questions regarding behavioral health services or prescription drugs.
Employers purchasing coverage for their employees through the Consolidated Omnibus Budget Reconciliation Act (COBRA) may contact Driscoll Insurance Agency in Denver at 303-455-8400 or www.driscollinsurance.com. Covered employers may contact the insurer for questions regarding benefit administration, coverage eligibility and COBRA term extensions.
The Colorado Division of Insurance (DOI) website is an excellent source for information on health and disability insurance issues, with links to a variety of state statutes, brochures and fee schedule summaries at www.insurance.state.co.us/cobra/index_links.html.
The Colorado Department of Labor and Employment's website can be found at http://www.colorado.gov/dol/websites/LaborLaw/default.html, while the Colorado Department of Public Health and Environment has a number of downloadable documents at www.dphhe.state.co.us/sldhecobra_appeal/.
Workers' Compensation Trust Fund claims for lost wages or benefits from the Colorado Division of Workers' Compensation (CDWC) may be reported to CDWC online at www.cdwc.state.co.us/ReportClaim.asp or by calling (303) 894-2800 in Colorado or 1-800-444-8505 nationwide, and speaking with a claims representative from the claims department.
Information on Colorado's unemployment insurance program is available by clicking here, along with links to the unemployment website and app, apply for unemployment benefits online, an FAQ section about eligibility for unemployment benefits, links to state laws and regulations about eligibility for benefits as well as other related information at www.dol.state.co.us/ilab/.
Insurance Dividend Program The Insurance Dividend Program is a program providing refunds to employers with experience rating accounts who have paid premiums in at least two consecutive calendar years. CDI also issues refunds to employers whose experience rating experience has been terminated due to lack of earned premium, but who have a liability account which has had no delinquencies over the last three calendar years.
Employers can file for an insurance dividend by completing and mailing the annual earnings report form and filing fee or by calling CDI's automated system at (303) 318-8510 for assistance. More information about filing for an insurance dividend can be found by clicking here on CDI's website at www.cdi.state.co.us/insurance_dividend.html, as well as links to the insurance dividend application and instructions at www.insurance.state.co.us/CDR_Insurance_Dividend_Intro.pdf and a link to the form at www.insurance.state.co.us/bills/CDI-Insurance-Dividend-FormsPDFs/CDI-Dividend-Form-Manual2014-1pFINAL-.pdf?sfvrsn=2
The Colorado Department of Labor and Employment (DOL) has produced a 30 minute video entitled "Protecting Your Rights During Recruiting" at http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDLE%2FPressroom&pagename=Labor_PressRoom-Infographics&page=C8130631849420&g_src=Channel-2
Employers who are found to have violated the regulations may receive a fine of between $100 and $1,000 for the first violation, $200 and $3,000 for the second violation, and $300 and $10,000 for the third or subsequent violations.
Employers who have not paid the required contributions to the Unemployment Insurance Trust Fund, or who have knowingly made false statements to obtain a deduction from such contributions, will be subject to a fine of up to $5,000 for each violation.
Former employees must be given notice of their rights under COBRA in a form approved by DOL. The amount of notice time that must be provided is based on how many employees the employer has and whether they offer COBRA-based benefit plans:
The following information is excerpted from the book "Colorado Employee Handbook", written by Susan M. Russell and published by Lindsey Publications, Inc. (see address in references).
Many new Colorado employees are surprised when they learn that their employer is not responsible for paying their moving expenses as a benefit. The only time an employer can be required to provide reimbursement for moving expenses is if such benefits were negotiated and included in a collective bargaining agreement, or if such benefits are provided by the employer as an employer-funded benefit plan.
Employer-funded benefit plans may include:
The following information is excerpted from the book "Colorado Employee Handbook", written by Susan M. Russell and published by Lindsey Publications, Inc. (see address in references).
Conclusion (by author): "As a Colorado employee, you have many rights. A knowledge of these rights will help you keep from misunderstanding or being misled. The law provides for your protection and for resolution of disputes. Employers are sometimes subject to rigid rules and requirements, but your employment relationship can be a pleasant and beneficial experience."
The following information is excerpted from the book "Colorado Employee Handbook", written by Susan M. Russell and published by Lindsey Publications, Inc. (see address in references).
"The federal Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against workers affected by age 40 or older who are qualified for the position but whose employment date has been terminated because of their age.