CDLE Compliance Quarterly

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February 19, 2025

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Agenda

• Housekeeping
• Updates from Regulatory Divisions:
• Division of Labor Standards and Statistics
• Division of Family & Medical Leave Insurance
• Division of Unemployment Insurance
• Division of Workers’ Compensation
• Division of Oil & Public Safety
• Upcoming Engagement Opportunities
• Live Questions

Division of Labor Standards and Statistics

06

DLSS

What We Do: Labor laws we enforce, publish guidance, & offer compliance assistance

● Wage & Hour (minimum/overtime wages, unlawful deductions, breaks, etc.)

● Paid Sick Leave (48 hr/yr, health/personal needs)

● Unequal Pay (sex-based disparities)

● Job Transparency (pay in job postings; applicant screening limits; gig work disclosures)

● Labor Relations (private sector union dues elections; public sector organizing & representation elections)

● Farm Work Conditions (heat protection, shade, water, etc.)

● Retaliation (firing/demoting/blacklisting, etc., for exercising these rights)

What We Don’t Do: Related laws we don’t cover

● Discrimination, harassment, & accommodation (CCRD)

● Benefits like FAMLI, UI, WC (coming next!)

Division of Labor Standards and Statistics

Division of Labor Standards and Statistics

Minimum Wages

• In 2025, with the annual inflation adjustment required by law:

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• Guidance on how to apply these & other wage requirements�what time counts, what tip or other credits employers can claim, etc.
• Interpretive Notice & Formal Opinion (INFOs) #1 (wage & hour law overview)
• #3C (tips & tip credits)
• #20 (time worked that must be paid)
• and many more!

What’s new in labor rights & responsibilities in 2025?

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to know

Division of Labor Standards and Statistics

What’s new in labor rights & responsibilities in 2025?

Resources & Toolkits from DLSS

• INFOs — published guidance, with detailed compliance examples, on a wide range of labor law topics — at: cdle.colorado.gov/INFOs
• Call or email us, if the relevant INFO doesn’t have your answer (hint: it often does, some have as many as 50 examples): ColoradoLaborLaw.gov
• Want a presentation for an industry group, chamber, union? Complete our Outreach Request Form (available from our homepage)

For certain industries

• Youth Law
• New legislation increases damages & fines for violations
• Guidance — on hours & duties allowed by age, etc. — in INFO #22
• Gig Worker & Consumer Transparency
• Pay, tip, & job offer disclosures required for any Delivery Network Company �(DNC, HB24-1129) and Transportation Network Company (TNC, SB24-075).
• Guidance: see INFO #23A and #23B

NICE

to know

Division of Family & Medical Leave Insurance

FAMLI

Division of Family & Medical Leave Insurance

• FAMLI was approved by voters in 2020 and ensures that Colorado workers have access to paid leave during life events that pull them away from work.
• FAMLI is a social insurance program with both employers and employees contributing 0.9% of wages.
• FAMLI provides workers 12 weeks of paid leave when they are…
• Caring for a new child during the first year after birth, adoption, or foster care placement.
• Caring for a family member with a serious health condition.
• Caring for their own serious health condition.
• Making arrangements for a family member’s military deployment.
• Addressing the immediate safety needs and impact of domestic violence and/or sexual assault.

Division of Family and Medical Leave Insurance

• Employers must complete their annual total employee headcount task in My FAMLI+ Employer by February 28, 2025.
• New rules for self-employed individuals and employees of opted local governments took effect on January 1, 2025:
• Elective coverage for self-employed individuals and employees of opted out local governments starts on the day the individual elects coverage in My FAMLI+ Employer.
• FAMLI’s maximum weekly benefit payment amount increased from $1,100 to $1,324.21 on January 1, 2025. This only applies to claims with leave start dates on or after January 1, 2025.
• FAMLI premiums are paid on subject wages up to the Federal Social Security Wage Cap. The cap is set at $176,100 for earnings in 2025.
• Q1 2025 wage reports, premium payments and private plan summaries are due April 30, 2025.

Rules & Regs: Upcoming Deadlines and Effective Dates

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to know

Division of Family and Medical Leave Insurance

• FAMLI recently upgraded its appeals process. Employers can create an appeals account within My FAMLI+ to file, manage and track all FAMLI-related appeals.
• This is separate from the My FAMLI+ Employer portal employers use to pay premiums and submit wage reports.
• Review the resources on the FAMLI Appeals page for more details.

Tech Updates

• FAMLI will be filing minor proposed amendments to its rules on Friday, March 7.
• The public comment period and instructions for participating in the rulemaking process will be published on FAMLI’s Rules & Guidance page.

Upcoming Rulemaking Dates

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Division of Family and Medical Leave Insurance

• File specifications and file templates for wage reporting for third party administrators (TPAs) are published on FAMLI’s TPA page.
• User guides and how-to videos for employers are published on the My FAMLI+ Employer page.
• User guides and how-to videos for the appeals process are published on FAMLI’s appeals page.
• FAMLI also has various tools to help employers communicate with staff available in the toolkit and tools to help communicate with your partners in our marketing kit.
• All newly adopted rules and supplemental guidance are published on FAMLI’s Rules & Guidance page.

Resources & Toolkits

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to know

Division of Unemployment Insurance

UI

Division of Unemployment Insurance

• The Division of Unemployment Insurance (UI) helps people who have lost their jobs by providing temporary wage replacement.
• Unemployment benefits are funded by employers and help workers pay their bills during job transitions and contribute to the economic stability of the state.

Division of Unemployment Insurance

• Beginning April 1, 2025, all employer fact-finding requests from the Division will be delivered by electronic means only. The Division recommends employers and TPAs use the MyUI Employer+ system, or the State Information Data Exchange System (SIDES).
• Employers should update their correspondence preferences in MyUI Employer+ before April 1, 2025.
• TPAs should ensure they have access to employer client accounts, and are assigned the necessary roles to view and respond to Division requests.
• Visit the Electronic Communications Requirements page for more information and resources.

Rules & Regs: Upcoming Deadlines and Effective Dates

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to know

Division of Unemployment Insurance

• Quarterly wage detail reports, including monthly employment information, and UI premium payments for Q1 2025 are due April 30, 2025.
• Employers and TPAs are required to report monthly employment data when submitting their quarterly wage detail information.
• Indicate with a "1" or "Yes" (or "0" or "No") if an employee was employed on the twelfth day of each month of the quarter.

Rules & Regs: Upcoming Deadlines and Effective Dates

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to know

Division of Unemployment Insurance

• Employers received a reminder to review TPA authorizations in their MyUI Employer+ account. Existing TPA authorizations will remain in place for 2025 if no changes are made.
• TPAs may now Request & Modify Employer Account Associations from their TPA account.
• Employers can View and Approve TPA Association Requests from their employer account.

Tech Updates

• An emergency rule establishing a requirement for verification of a claimant’s identity regarding claims for UI went into effect on January 25, 2025. Stakeholding for feedback on this rule to become permanent began on January 25, 2025.

Upcoming Rulemaking Dates

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to know

Division of Unemployment Insurance

• Employers:
• Visit the Employer Resources page for how-to pages, user guides, and more resources.
• Subscribe to UI’s Employer Email list to receive the Division’s monthly Employer Newsletter.
• Third Party Administrators:
• Visit the TPA Toolkit for how-to pages, user guides, new client onboarding kits, and more.
• Subscribe to UI’s TPA Email list to receive the Division’s monthly TPA Newsletter.

Resources & Toolkits

NICE

to know

Division of Workers’ Compensation

DOWC

Division of Workers’ Compensation

• The role of the DOWC is that of an administrative conservator and regulator of the Colorado workers’ compensation system.
• In other words, the DOWC’s job is to make sure that the system is operating correctly, all the stakeholders are following the rules to keep the system operating correctly, and to make adjustments to the rules when the system can be improved.
• The DOWC’s five main external stakeholder groups are injured workers, employers, insurers, attorneys, and medical providers.
• The DOWC and the insurance carrier are separate entities. The DOWC does not pay benefits.
• The DOWC also facilitates the process for resolving disagreements between carriers and claimants.

Division of Workers’ Compensation

• Rule 11: Division Independent Medical Examination (DIME) has been adopted, effective April 1, 2025. The changes to Rule 11 are intended to further improve the efficiency and fairness of the DIME process and help retain DIME Physicians.
• The DOWC recently updated Rules 16: Utilization Standards, Rule 17: Medical Treatment Guidelines, and Rule 18: Medical Fee Schedule, effective January 1, 2025.
• The DOWC has recently introduced a digital Rejection of Coverage (WC43) form, which allows business owners who meet certain criteria to reject workers' compensation coverage online. Please note that there is no longer a separate coverage rejection form for partners or sole proprietors in the construction industry, which was previously known as the WC45. All rejections of coverage can now be submitted using the WC43 form, either online or by downloading the Rejection of Coverage PDF.
• All recent rule updates can be found on the DOWC’s Proposed and Adopted Rules page. Current rules can be located on the Rules of Procedure page.

Rules & Regs: Upcoming Deadlines and Effective Dates

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to know

Division of Workers’ Compensation

• The DOWC is embarking on a technology upgrade to enhance how the DOWC serves you. The DOWC's claims database and management system is the focal point of this initiative. �
• The new system will feature an updated, user-friendly design to allow injured workers, employers, insurance carriers, medical providers, and attorneys to file claims for compensation, schedule hearings and access their relevant claim information. �
• The project is expected to span over three years.

Tech Update

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to know

Division of Workers’ Compensation

• The DOWC recently published the Dependent’s Claim Brochure.
• This new resource provides important information to the dependents of deceased workers following a fatal workplace injury or illness. Insurers may supply this Dependent’s Claim Brochure in addition to or as a replacement of the Claimant Brochure required by the Workers’ Compensation Act.
• A printer-friendly Dependent’s Claim Brochure is also available, and a Spanish version will be published in the coming months. If you have any questions, please reach out to Education & Outreach at cdle_dowc_communications@state.co.us.
• The DOWC offers various resources, including Desk Aids for claims adjusting professionals and publications for injured workers and employers. Many of these resources are also offered in Spanish.

Resources & Toolkits

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to know

Division of Oil & Public Safety

OPS

Division of Oil & Public Safety

• The Division of Oil & Public Safety (OPS) is responsible for a variety of regulatory functions related to environmental and consumer protection and public safety.
• Program oversight includes:
• Amusement rides and devices
• Explosives use
• Boilers
• Conveyances (Elevators and Escalators)
• Fuel products, including LPG, CNG, LNG and Hydrogen
• Petroleum Storage Tanks and Cleanup of Petroleum releases
• The Underground Damage Prevention Safety Commission has enforcement oversight for the one call law

Division of Oil & Public Safety

• The Conveyance Salesforce database upgrade went live to the public on December 30, 2024. The environment includes many of the same features as before but now operates in an upgraded version that no longer relies on technology add-ons to process much of the needed functionality.

Tech Update

• The Petroleum Storage Tank regulation updates were effective January 1, 2025 and can be found on the Division’s Regulation page.
• The Underground Damage Prevention Safety Commission Regulations were effective January 1, 2025 and can be found on the Division’s Regulation page.
• The Division is currently in the planning stages of opening up regulations for both the Conveyance and Boiler program. The updates will focus on updating referenced codes within the documents and both will be effective January 1, 2026.

Rules & Regs: Upcoming Deadlines and Effective Dates

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to know

Division of Oil & Public Safety

• OPS publishes quarterly newsletters for each of the programs within the Division. Archives can be found at the following links:
• Petroleum Program
• Amusement Rides and Devices
• Boiler Program
• Conveyance Program
• Explosives Program
• The Petroleum Program’s Guidance Document supports owners/operators and consultants when dealing with releases of petroleum into the environment.

Resources & Toolkits

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to know

Upcoming Engagement Opportunities

Upcoming Engagement Opportunities

The UI Division is committed to helping Colorado employers remain compliant with quarterly reporting requirements, and streamlining the reporting process. Take the UI Compliance Survey to help us gather feedback to make required processes easier for Colorado Employers and agents. Information gathered in this survey WILL NOT be used to identify or apply any penalties to your account for non-compliance.

UI Compliance Survey

Learn more about legal issues in workers' compensation with real-life cases as discussed by Division of Workers' Compensation (DOWC) Prehearing Administrative Law Judges.�Free Continuing Legal Education (CLE) credits are available for Case Law Updates

Sessions are typically held on the third Thursday of each month at 12:00 p.m. MT.

Visit the DOWC’s GovDelivery form to sign up to receive invites to Case Law Updates.

Division of Workers' Compensation Case Law Update

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Thank

You!

Questions?