labor lawAdivision of labor law center

Now is the time for every employer to update his or her 2008 Colorado labor law posters.

The past year was a hectic one in the field of Human Resources, with a number of important changes to labor law. These include a new I-9 form to be used by all employers effective December 26, 2008. Employers who fail to use the new I-9 form, or display the updated posters, face hefty fines and penalties.

In addition, the Colorado minimum wage will increase on January 1, 2008 to $7.02, requiring every employer in the state to update their posters.

The updated list of 2008 Colorado labor law posters is:

• Workers’ Compensation Part 1 & Part 2
• Discrimination Notice
• PayDay Notice
• Unemployment Insurance
• Minimum Wage Poster

Every employer in the state is required by law to display these posters where applicants and employees can see them.

In addition, each employer in Colorado must display the following federal labor law posters:

• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act
• OSHA-Job Safety & Health Protection

Under both federal and state law, these posters must be updated each time there is a change in legislation.

A change in the federal minimum wage on July 24, 2007 required that the Federal Minimum Wage posters be updated. On that date, the federal minimum wage increased for the first time in more than a decade. The rate went from $5.15 per hour to $5.85 per hour, an increase of 70 cents. 

Labor law poster serve as a handy reminder for supervisors and employees alike.

They provide important information on the minimum wage, worker safety, medical leave and child labor laws.

It seems as if no two states in the U.S. are alike when it comes to overtime laws or the minimum wage for tipped employees. That’s why the states require different state labor law posters, in addition to the federal posters.

In both cases, some have no laws, and follow federal law. Some are more generous. On rare occasions, they are less so.

Federal law requires workers be paid an overtime rate of 1.5 times their normal hourly wage for any hour over 40. Florida, Georgia, Arizona, Delaware, and Idaho have no overtime laws. Federal law is operable.

Nebraska mirrors the 40-hour federal rule, but extends it to all businesses with 4 or more workers. Others mirroring the 40-hour guide are Massachusetts, Michigan, and Illinois.

Overtime does not kick in until after 46 hours in Kansas, or 48 hours in Minnesota.

In Kentucky, workers get overtime after 40 hours and on the 7^th consecutive workday regardless of the number of hours put in on that day. Colorado employees receive overtime after a 40-hour week or a 12-hour day.

California workers can get overtime for more than 8 hours in a day, 40 hours in a week, or the 7^th day of 7 consecutive days.

The federal minimum wage rate for tipped workers is now $2.13 an hour. Some states follow the federal rate. Among them are Kentucky, Indiana, and Nebraska, which also set the rate at $2.13.

Other states offer just a little more than the federal rate. For example, Wisconsin is $2.33 an hour, North Carolina is $2.43, Michigan is $2.65 and Massachusetts is $2.63.

Kansas, on the other hand, is lower than the federal rate. Its minimum wage for tipped workers is only $1.59 an hour.

Essentially, employers are getting “tip credits,” or the right to offer a lower than normal minimum wage because the workers in these fields receive tips which are supposed to compensate.

We’re back at it—looking at the state based labor law and compliance posters. We took a minor detour there for a while to at some of the mandatory federal postings, and at some of the optional posters such as first aid and safety posters. Now we’re back on the state based posters, though, which may be the most important topic on this blog for employers.

Let’s start with the Colorado Labor Law Posters. The Colorado Labor Law Posters contain the same six federal postings that we’ve looked at in detail in the last few days of entries. And you thought you were completely getting away from the federal posters! Well, the truth of the matter is that Colorado Labor Law Posters and other state posters contain federal posters.

These federal postings at the minimum number six. Those six include the USERRA posting for employees who have to serve with the armed services; the federal minimum wage posting ($5.15); the polygraph protection act posting that explains employee’s rights when it comes to lie detector tests; the Family and Medical Leave Act posting for unpaid time off; the Equal Employment Opportunity posting; and the OSHA posting for workplace safety and employee health issues.

We’ve looked at those six in detail, so let’s move on to the state postings in the Colorado Labor Law Posters. There are five of these in the Colorado Labor Law Posters, including the discrimination notice, two workers’ compensation posting, a pay day notice, and unemployment insurance posting, and the minimum wage posting.

As with other state postings, all eleven of the postings in the Colorado Labor Law Posters must be located in the same place in a work site, and that place must be easy to find and access for employees. After all, these posters are for the employees’ education and training, and to help protect their rights.

The Attorney General has primary authority for enforcement of consumer protection and antitrust laws, prosecution of criminal appeals and some complex white-collar crimes, the Statewide Grand Jury, training and certification of peace officers, and certain natural resource and environmental matters, employees through legal counsel and employee training to state agencies and employees on personnel and employment law matters, including issues involving workplace violence, Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act, Family Medical Leave Act, alcohol and drug testing, retaliation, whistleblowing, and breach of employment contracts. These different employment matters have Colorado State posters that are required to be posted in the workplace.

Additionally, it defends the state and its agencies in lawsuits involving personnel and employment issues brought before state and federal courts and the State Personnel Board, represents and advises the Colorado Civil Rights Division in the investigation of civil rights claims and prosecutes claims on behalf of the Civil Rights Commission. Employees can read about filing a claim on the Colorado State posters.

The Colorado Civil Rights Division, together with the Colorado Civil Rights Commission, is the state agency established in 1957 to administer and enforce Colorado’s antidiscrimination laws in employment, housing and public accommodations. The agency’s mission is: To assure that all Coloradoans are afforded the equal protection of the law.

The Division staff serves Colorado citizens, public and private employers of all sizes, housing providers, and communities across the state by:

1. Investigating complaints of discrimination
2. Performing intake and conducting appropriate dispute resolution, including mediation and settlement negotiations
3. Issuing determinations as to whether there is probable cause to believe that illegal discrimination has occurred
4. Conducting outreach and education on laws and issues regarding civil rights to ensure compliance.

Colorado law prohibits discrimination in employment, housing, public accommodations, and advertising based on:

• Race
• Color
• National Origin
• Ancestry
• Sex
• Creed
• Religion
• Disability (Mental and Physical)
• Familial Status (Housing Only)
• Marital Status (Housing and Public Accommodations Only)
• Marriage to a co-worker (Employment Only)
• Age (Employment Only)

The Colorado ( CO ) Employment Labor Posters are very important if you are an employer or an employee. These posters must be placed on the walls in the common areas, meeting room, or workroom so that everyone can see them. The purpose of the Colorado ( CO ) Employment Labor Posters is to inform everybody about the labor laws and how to comply with them. They also have contact information for employees to get assistance in case of violations of the laws. 

The state of Colorado requires that the following labor posters be present in the workplace: Workers’ Compensation Part 1 & Part 2, Discrimination Notice, Unemployment Insurance, and Minimum Wage Poster. Each Colorado employer must also produce his or her own notice specifying the regular paydays, and the time and place of the payment (referred to as PayDay Notice). Additionally, there are several Federal posting requirements. These include the following posters: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection. 

Whenever there are changes to the laws, the employer must obtain the newest version of the labor law posters and replace the old ones. For example, in 2006 there have been changes to the Colorado Worker’s Compensation plan, putting a maximum weekly payment of $719.74 into place. There has also been a recent change to the Colorado Unemployment Insurance, so those posters need to be updated as well. One Federal law that I can think of off the top of my head that’s new is the USERRA law, which is one of the required posters. If your posters are missing or are outdated or incomplete, you’re in violation of the law. So it’s very important to stay updated. 

Colorado posters that outline the state and federal labor laws need to be available in every workplace in the state.  It is the employer’s responsibility to post this information where the employees will see it – good places are the employee work room or break room or any other place that employees tend to visit on a daily basis such as a meeting room or a popular gathering spot before or after work. 

These posters help the employees stay aware of their rights and responsibilities when it comes to labor laws in Colorado.  Posters highlight the laws, what actions are violations of the law and what employees need to do if they think their rights concerning these laws have been violated.  In addition, Colorado posters also help employers.  By keeping the posters current and available, employers in Colorado will know what they need to do to stay legal in terms of state and federal laws.  They will also know what is expected of them in case there is a problem or an allegation of a violation.

Colorado posters need to outline certain state laws: Workers’ Compensation Part 1 and Part 2, Discrimination Notice, PayDay Notice, Unemployment Insurance, and Minimum Wage.  In addition to the state laws, several federal laws pertain to Colorado employers and employees as well: USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act and OSHA – Job Safety and Health Protection.

Labor laws are never set in stone.  This means that they can and do change frequently.  That’s why it’s important for Colorado employers to make sure that the posters they have in their workplaces are the most current and up-to-date – that way everyone involved is sure to be on the same page when it comes to upholding labor laws and rights within the workplace.  Besides, it’s unlawful for the posters to be missing or outdated.