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Employment Law Legislation

Campbell Litigation • May 18, 2023

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.

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.

Employees & Technology are the Driving Factor of HR in 2024

By Alanna Jones • 23 Jan, 2024
After resignations and layoffs during 2023, it is crucial for employers to leverage technology to help their employees thrive. Employees are seeking good company culture, growth opportunities, and company priorities which help to retain and attract employees. When looking for new talent, we first must understand what job seekers are looking for. Here are some of their top priorities in 2024: Participation in meaningful work Engagement with good management Increased work-life balance Desire for hybrid or remote work The labor force is changing, and employees aren’t afraid to stand up for what they want. Job descriptions and interviews can portray the company values and culture which can make all the difference in the choice an employee makes. Including remote workers in your search opens opportunities to find talent in a wider area and reduces the impact employees have on the environment by reducing or eliminating their commute. With the focus on new employees during 2024, focus still needs to be on the current employees, the ones who the workforce is not limited to understanding what jobseekers are looking for. Current employees also have desires. Some of which are listed here: Retention Promotion and growth Development and upskilling Fear of job replacement by technology Your employees want to stick around and as a business leader you are responsible for giving them reasons to. Competitive pay is a bonus, but also leveraging HR and creating a space where your employees feel comfortable and valued is just as important. Help provide your employees with the resources and time to learn more skills, after all it only makes them more valuable to your company. How can you leverage technology in HR in 2024? Writing job descriptions and filtering candidates Automation of tasks and training Finding and generating key words Gathering data to make informed decisions Technology and AI will continue to have an increased presence in the workplace and should be used as tools. They are not meant to replace your work and instead should be used to drive efficiency. You should use AI to help write job descriptions, assist in scheduling, generate interview questions, help jumpstart a brainstorming session, and improve your company’s visibility through SEOs. Your company should even use technology to gather data on employees. See what skills they lack, what your company culture is lacking, and then use online platforms to train and upskill your employees. In 2024 decisions regarding employees should be driven by data. If your company does not leverage all the data accessible you will fall behind. Use technology to find, retain, and train your employees. If you are looking for talent or HR services, contact us at DT@diverse-talent.com . We’ll help gather data throughout the search process to ensure that we bring quality candidates to you. We focus on highlighting a workforce that reflects our country’s demographics and are eager to connect with potential candidates to fill your open positions.
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