The 2022 EEO-1 Component 1 Data Collection is tentatively scheduled to open in mid-July 2023. Updates regarding the 2022 EEO-1 Component 1 Data Collection, including the opening date, will be posted on the EEO-1 website as they become available.
An employer must file an EEO-1 report if they answer YES to one or more of these questions:
If you answered NO to all of the questions above, you do not need to file an EEO-1 report. If you are unsure about the answer to question 2, you should speak with an attorney.
Aiming to promote responsible innovation in automated systems—including those marketed as artificial intelligence or AI—four federal agencies have issued a joint statement pledging to monitor the development and use of these systems and vigorously enforce anti-discrimination laws as they become more common. The agencies issued the statement on April 25, 2023.
The agencies that signed on to the joint statement are:
In the joint statement, the agencies note that existing laws and regulations addressing discrimination and other unlawful practices apply to automated systems and innovative new technology use just as they do to other practices.
The joint statement notes that potential discrimination in automated systems may come from different sources, including problems with data sets, model access, and design and use. For example, automated system outcomes can be skewed by unrepresentative or imbalanced data sets, data sets that incorporate historical bias, or data sets that contain other types of errors. Automated
systems also can correlate data with protected classes, which can lead to discriminatory outcomes.
The joint statement was issued for informational purposes only and does not create any new legal rights or obligations. Nevertheless, employers that use automated systems to make employment decisions should become familiar with the joint statement and ensure that their policies and practices comply with all applicable laws enforced by the signing agencies.
“Automated systems” is used broadly to mean software and algorithmic processes, including AI, that are used to automate workflows and help people complete tasks or make decisions.
SB23-017 – Additional Uses Paid Sick Leave – Sent to the Governor
The bill allows an employee to use accrued paid sick leave when the employee needs to:
HB23-1212 – Promotion of Apprenticeships – Senate Third Reading Passed – No Amendments
The bill directs the office of future of work (office) in the department of labor and employment to create an a two year apprenticeship navigator pilot program (program) with 2 full-time apprenticeship navigators, with each apprenticeship navigator assigned to a different school district selected by the office. The purpose of the program is to increase awareness of registered apprenticeship programs among graduating high school students in the selected school districts.
The bill also directs the office to promote apprenticeship programs to high school students by creating and maintaining a web-based job board of apprenticeships and incorporating apprenticeships in the state's career planning tools.
The bill appropriates $342,638 to the department of labor and employment for use by the executive director's office for the 2023-24 state fiscal year. The bill also appropriates $44,000 to the department of education from the general fund for the 2023-24 state fiscal year.
HB23-1146 – Employees May Accept Cash Tips – Introduced in Senate – Assigned to Appropriations The bill prohibits an employer engaged in a business from taking adverse action against an employee who accepts a cash gratuity offered by a patron of the business.
The bill provides exceptions for:
SB23-105 – Ensure Equal Pay for Equal Work – House Third Reading Passed – No Amendments Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose.
The bill changes these authorizations to requirements.
Additionally, the bill requires the director to:
The bill also requires an employer to:
SB23-232 – Unemployment Insurance Premiums Allocation Federal Law Compliance – Governor Signed Joint Budget Committee. For purposes of complying with requirements of the "Federal Unemployment Tax Act", the bill reduces employer premium rates by 10% across all rates in the standard premium rate schedule. Additionally, the bill creates a schedule for the support surcharge rate (schedule), which is used to establish contributions to the employment support fund, to the employment and training technology fund, and to the benefit recovery fund. The new schedule uses the same methodology as is used in calculating an employer's percent of excess, which is the percentage resulting from the calculation of an employer's excess of premiums paid over benefits charged, divided by the average chargeable payroll.
The bill changes the cap on the amount of money in the employment support fund at the end of any state fiscal year, from an amount calculated based on a portion of the employer premium plus $17 million, to a total of $32.5 million for the next state fiscal year, which amount is adjusted annually based on changes in average weekly earnings. Additionally, the bill repeals, effective June 30, 2025, the ability of the department of labor and employment (department) to use money in the employment support fund to provide funding for labor standards, labor relations, and Colorado works grievance procedures.
The bill expands the authorized use of money in the Title XII repayment fund to allow the division of unemployment insurance (division) in the department of labor and employment (department) to use the money for costs associated with bonds or notes issued by the division, including interest on the bonds or notes, to the extent permitted by federal law.
The bill eliminates the requirement for employers to submit premium reports to the division and instead requires employers to submit wage reports.
The bill adjusts the appropriations in the annual general appropriation act for the 2023-24 state fiscal year to the department for use by the division as follows:
SB23-261 – Direct Care Workforce Stabilization Board – House Third Reading Passed – No Amendments
The bill creates the direct care workforce stabilization board (board) in the department of labor and employment (department) to review the direct care industry, which is the industry of workers who provide home-based or community-based direct care to individuals who require assistance in accomplishing activities of daily living. The bill directs the board, at least once every 2 years, to review the direct care industry and develop recommendations for:
The board must conduct public hearings to engage direct care workers, direct care employers, and direct care consumers in the development of the standards and recommendations for improved communications. The executive director of the department may direct the board to review minimum direct care employment standards more frequently.
The board must report any recommendations approved by at least 6 8 board members to the governor and specified committees of the general assembly by September 1, 2024, and at least every 2 years thereafter. Direct care employers are prohibited from retaliating against direct care workers for participating in board meetings and activities. The board is subject to a sunset review and repeal on September 1, 2029.For the 2023-24 state fiscal year, the bill appropriates $81,912 from the general fund to the department of labor and employment for use by the executive director's office to implement the bill.
SB23-172 – Protecting Opportunities and Worker’s Rights Act – House Third Reading Passed – No Amendments
For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti- discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:
The bill appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the bill:
SB23-058 – Job Application Fairness Act – Senate Considered House Amendments – Result was to Concur – Repass
Starting July 1, 2024, the bill prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.
An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:
The department of labor and employment (department) is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.
For the 2023-24 state fiscal year, the bill requires the general assembly to appropriate $56,468 from the general fund to the department for use by the division of labor standards and statistics for program costs related to labor standards.
HB23-1030 – Prohibit Direct-hire Fee Health-care Staff Agency – Sent to the Governor
The bill prohibits a supplemental health-care staffing agency (staffing agency) from including in a contract or agreement with a health-care worker nursing care facility, or assisted living residence or health-care facility a provision for liquidated damages, employment fees, or other compensation to be paid to the staffing agency if the nursing care facility or assisted living residence health-care facility hires the health-care worker as a permanent employee either prior to or after the termination of the contract or agreement. If a staffing agency that violates the prohibition commits a civil infraction and is subject to a monetary penalty. Further,
for repeated or willful violations, the executive director of the department of labor and employment may impose monetary or administrative penalties against the staffing agency unlawfully collects or attempts to collect liquidated damages, employment fees, or other compensation from a health-care worker or health- care facility, the health-care worker or health-care facility may bring a legal action for damages, a civil penalty not to exceed $5,000 per violation, and injunctive relief.
HB23-1078 – Unemployment Compensation Dependent Allowance – Introduced in Senate – Assigned to Business, Labor, & Technology
The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July
1, 2025 2026, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is:
The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025 2026, and by August 31 of each year thereafter. The bill appropriates $655,530 to the department of labor and employment for the 2023-24 state fiscal year to implement the act.
HB23-1076 – Workers’ Compensation - Introduced in Senate – Assigned to Business, Labor, & Technology
Section 1 of the bill increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks. Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) prior to receiving a replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures. Section 3 allows an employee to request a hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment.
Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment.
Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination. Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs.
Current law states that a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%.
SB23-231 – Amend Fund to Allow Payment Overdue Wage Claims – Governor Signed
Joint Budget Committee. The bill amends the wage theft enforcement fund (fund) to allow the division of labor standards and statistics (division) in the department of labor and employment (department) to use money in the fund to pay employees who are owed money from their employers due to obligations and liabilities related to the payment of wages or other compensation. If an employer fails to fulfill the order to pay an employee that results from a wage claim or an investigation within 6 months after the division issues a citation and notice of assessment to the employer or, if the employer requests a hearing, within 6 months after the hearing officer issues a decision, the bill allows the division to pay the employee, from the fund, the amount of money owed by the employer. The bill specifies that after the division pays the employee, the employee cannot recover that payment amount from the employer, the division shall continue to pursue payment from the employer, and any money recovered from the employer by the division will be credited to the fund.
The bill requires the division to promulgate rules specifying procedures for employees to request payments and criteria for the division to make determinations on employee requests.
The bill also continuously appropriates money in the fund to the division for the purpose of making payments to employees and excludes the fund from the limit on cash fund reserves.
For the 2023-24 state fiscal year, the bill appropriates $12,657 from the fund to the department for use by the executive director's office for personal services.
Nothing this month
06/01 – Prescription Drug Data Collection Reporting (group health plans and health insurers submit data regarding drug costs to the Department of Treasury, Department of Labor, and Health and Human Services.
07/01 – 2022 EEO-1 Component 1 Data Collection Opening (all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria must submit)
07/31 – Form 5500 Filing Deadline (calendar year plans) 07/31 – Form 941 Filing Deadline (second quarter) 07/31 – PCORI Fee Deadline
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