The Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released a new model Employer CHIP Notice with information current as of March 17, 2025.
As a reminder, the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) imposes an annual notice requirement on employers that maintain group health plans in states that provide premium assistance subsidies under a Medicaid plan or a Children’s Health Insurance Plan (CHIP). An employer can choose to provide the notice on its own or concurrent with the furnishing of:
An employer is subject to this annual notice requirement if its group health plan covers participants who reside in a state that provides a premium assistance subsidy, regardless of the employer’s location.
The DOL’s model notice, which employers may use for this disclosure, is updated periodically to reflect changes in the states that offer premium assistance subsidies. The DOL’s model Employer CHIP Notice includes information current as of March 17, 2025. Employers could also choose to prepare their own notices, or modify the model notice. Employers should be sure to include at least the minimum relevant state contact information for any employee residing in a state with premium assistance.
Employers could also choose to prepare their own notices, or modify the model notice.
Each year, employers that are subject to the Employee Retirement Income Security Act of 1974 (ERISA) must electronically file an annual report (Form 5500) for each employee benefit plan they maintain unless a filing exemption applies.
Employers with employee benefit plans that operate on a calendar year basis must file their annual reports for 2024 with the
U.S. Department of Labor (DOL) by July 31, 2025. An employer may extend this deadline by 2.5 months (until Oct. 15, 2025) by filing Form 5558 with the IRS by July 31, 2025.
Small welfare benefit plans (fewer than 100 covered participants) that are unfunded or fully insured (or a combination of unfunded and insured) are exempt from the Form 5500 filing requirement. However, all employers who adopt and sponsor a retirement plan governed by ERISA must file a version of the Form 5500 annually with the DOL regardless of the number of covered participants.
The Delinquent Filer Voluntary Compliance Program (DFVCP) was created by the DOL to encourage plan administrators to voluntarily file overdue Forms 5500. The DFVCP gives delinquent plan administrators a way to avoid potentially higher penalty assessments by voluntarily completing their late Form 5500s for a year and paying reduced penalties. Plan administrators are eligible to use the DFVCP only if they make the required filings prior to being notified in writing by the DOL of a failure to file a timely annual report.
Employers with calendar year plans that do not qualify for a filing exemption should work with their service providers to electronically file the Form 5500 (including required schedules and attachments) using the DOL’s EFAST2 electronic filing system by July 31, 2025.
Employers that need extra time should file Form 5558 by July 31, 2025. As of Jan. 1, 2025, Form 5558 can be filed electronically through EFAST2 or can be filed on paper with the IRS.
Beginning July 1, 2025, the Colorado Privacy Act will be expanded to include new obligations for employers that collect biometric information. Specifically, employers of all sizes will be required to adopt a written biometric policy and obtain consent before collecting biometric identifiers from applicants andemployees.
Biometric identifiers are things like fingerprints or retina scans—data based on an individual’s biological, physical, or behavioral traits that can be used to identify them. When biometric identifiers are used alone, together, or in combination with other personal information for identification purposes, they are referred to as biometric data. (However, biometric data doesn’t include photos or audio recordings.) In this Law Alert, we refer to these two terms collectively as biometricinformation.
The following are key details of the new requirements.
Employers will be required to adopt a written policy that includes the following elements:
If the policy applies to more than just current employees (for example, to applicants or former employees), then it will also need to be made available to the public, with some exceptions.
Employers will be required to obtain consent from applicants and employees before collecting their biometric identifiers. That said, employers can make consent a condition of employment for the following common uses of biometric identifiers:
When collecting or using biometric identifiers for any other purpose, employers will need to obtain applicants’ and employees’ affirmative and voluntary consent and can’t retaliate or take any adverse action against them if they choose not to provide it.
According to the law’s regulations, employers are required to obtain new consent when an applicant is hired—the consent they previously provided as an applicant is no longer valid.
The requirement to obtain consent has two notable exceptions. First, employers don’t need to get an employee’s consent to collect biometric identifiers if doing so is expected based on the employee’s job duties (for example, a security guard for access purposes). Second, they don’t need to get consent when collecting this information from applicants in order to complete applications, background checks, or identification requirements.
Some questions remain about the applicability of the law in the employment context because the Colorado Privacy Act (the broader law that these requirements were added to) states that it doesn’t apply to data maintained for employment records purposes.
We’ll monitor the law and provide an update if there are significant changes.
If you collect applicants’ or employees’ biometric information, adopt a compliant biometric policy and establish a process for obtaining consent from applicants and employees before collecting biometric identifiers.
HB 24-1130 was signed by the governor on May 31, 2024.
In case you are interested… here are various Bills introduced during this legislative session to watch
Bill Name
Bill Summary
Last Action
SB25-165
Revised Licensing Requirements
• Journeyman Electrician License: Applicants can qualify with either 8,000 hours of apprenticeship or practical experience, as an alternative to the traditional 4-year requirement.
• Residential Wireman License: Applicants can qualify with 4,000 hours of practical experience, instead of the standard 2-year requirement.
• Alternative Experience Substitutions: Applicants may substitute photovoltaic (solar) installation training to meet licensing requirements.
Apprenticeship Reporting and Exam Exemptions
• Reporting Requirements: Employers (contractors, apprenticeship programs, or state agencies) must report only commercial, industrial, or
04/29/2025 | Senate Second Reading Special Order - Passed with Amendments - Committee, Floor similar work experience for apprentices who hold a residential wireman license.
• Exam Exemptions: Individuals with an active Residential Wireman or Master Electrician license are exempt from taking the Journeyman Electrician exam.
Enhanced Oversight of Photovoltaic (Solar) Installations
• Small Installations (<300 kW): Installations can be supervised by a certified Photovoltaic Energy Practitioner, provided the contractor is registered with the Department of Regulatory Agencies (DORA) by December 31, 2025, is in good standing with the state, and employs a NABCEP PV Installation Professional.
• Large Installations (≥300 kW): Such installations must comply with electrical permitting laws, be performed by a licensed electrical contractor, include a contemporaneous review, and be subject to compliance checks by state electrical inspectors or appointed officials.
• Utility Oversight: The bill removes previous exemptions for utilities and the Public Utilities Commission (PUC) from monitoring compliance with solar installation rules, requiring retail utilities to retain all documentation related to solar installations.
Public Works Projects
• For public works projects not receiving federal funds and valued at $1 million or more, the bill mandates that general contractors or other entities submit documentation certifying that all firms involved participate
in a registered apprenticeship program and have a proven record of graduating apprentices.
HB25-1284
Regulating Apprentices in Licensed Trades
Registration and Termination Requirements
• Initial Registration: Employers must register apprentices with the appropriate governing board within 30 days of employment commencement.
• Termination Notification: If an apprentice's employment ends, the employer is required to remove the apprentice from the program and notify the board within 30 days of termination.
Annual Renewal of Apprentice Registration (Effective January 1, 2027)
• Renewal Process: Employers are mandated to renew an apprentice’s registration annually, providing specific information such as cumulative training hours and contact details.
• Registration Fee: The governing board may impose a fee to cover the costs associated with maintaining the apprenticeship registration database.
Eligibility for Registration
• Program Enrollment: Apprentices must be enrolled in programs that train for occupations officially recognized by the U.S. Department of Labor as electrical or plumbing occupations.
• Quarterly Publication: The state apprenticeship agency is tasked with publishing a quarterly list of eligible apprenticeship programs.
Data Sharing and Verification (By July 1, 2026)
• Inter-Agency Collaboration: The state apprenticeship agency and the Department of Regulatory Agencies are required to establish data- sharing agreements to verify apprentice eligibility and program compliance.
Examination and Licensing Flexibility
• Alternative Licensing Paths: Employers may authorize apprentices to take residential license examinations instead of journeyman exams if deemed more suitable based on the apprentice's experience.
• Examination Exemptions: Apprentices who fail to pass license examinations within specified periods may request exemptions under certain conditions.
Enforcement and Compliance
04/29/2025 | Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
• Inactive Status: Apprentices who fail to meet reporting or examination requirements may have their registration status declared "inactive" until compliance is achieved.
• Employer Sanctions: Employers demonstrating consistent noncompliance or whose apprentices exhibit significant patterns of noncompliance may face sanctions from the governing board.
SB25-144
Change Paid Family Medical Leave Insurance Prog
Extended Leave for NICU Parents
Allows parents with a child receiving inpatient care in a Neonatal Intensive Care Unit (NICU) to receive an additional 12 weeks of paid family and medical leave. This extension is in addition to the standard 12 weeks provided by the FAMLI program, potentially totaling up to 24 weeks of leave for eligible parents. The extension aims to support families during critical early life medical situations.
Adjustments to FAMLI Premium Rates
The bill modifies the premium structure that funds the FAMLI program:
• 2025: The premium rate remains at 0.9% of wages per employee.
• 2026: The premium rate is reduced to 0.88% of wages per employee.
• 2027 and Beyond: The Director of the Division of Family and Medical Leave Insurance is tasked with setting the annual premium rate by November 1 of the preceding year. The rate must ensure that the FAMLI fund maintains a balance of at least six months' worth of projected
expenditures, minimize volatility, and not exceed 1.2% of wages per employee.
04/28/2025 | Senate Considered House Amendments - Result was to Concur - Repass
SB25-128
Agricultural Worker Service Providers Access Private Property
Background
The repeal was prompted by the U.S. Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid, which held that a California regulation allowing union organizers to enter agricultural employers' property without consent constituted a per se physical taking under the Fifth Amendment. This ruling raised constitutional concerns about similar provisions in Colorado's law.
Repeal of Access Rights: The bill removes the requirement that employers allow third-party service providers to access their private property to meet with agricultural workers during off-duty hours.
• Remote Access Encouraged: While physical access is repealed, the bill encourages the use of remote communication methods, such as telehealth, to ensure workers can still connect with essential services.
• Employer-Provided Housing Exception: An amendment to the bill preserves service providers' access to employer-provided housing, recognizing the unique circumstances of workers residing on-site.
• Limitations on Rulemaking: The bill restricts the state's Division of Labor Standards and Statistics from adopting rules that would infringe
upon private property rights or conflict with common law rights related to emergency access.
04/21/2025 | House Third Reading Passed - No Amendments
SB25-083
Limitations on Restrictive Employment Agreements
Exemptions for Healthcare Professionals
The bill removes certain exemptions that previously allowed non-compete and non-solicitation agreements for highly compensated workers in the healthcare sector. Specifically, it prohibits such agreements for:
• Physicians
• Advanced Practice Registered Nurses (APRNs)
• Dentists
This change ensures that these healthcare providers cannot be restricted from practicing their profession or soliciting patients after leaving an employer, regardless of their compensation level.
Patient Communication Rights
The legislation prohibits agreements that prevent or significantly restrict departing healthcare providers from informing their patients about:
• Their continued medical practice
• New professional contact information
• The patient's right to choose their healthcare provider
04/21/2025 | Senate Considered House Amendments - Result was to Concur - Repass
This provision aims to uphold patient autonomy and continuity of care.
Minority Ownership and Non-Compete Agreements
For individuals with minority ownership in a business, the bill allows non-compete agreements under specific conditions. The duration of such agreements must not exceed a period calculated by dividing the total consideration received from the sale by the individual's average annualized compensation over the shorter of the preceding two years or the duration of their affiliation with the business.
Cost Recovery Provisions
Employers are permitted to recover certain expenses from physicians if the recovery amount decreases proportionally over a period not exceeding three years from the start of employment. These expenses may include:
• Relocation costs
• Signing bonuses or other inducements
• Recruiting expenses
• Marketing expenses related to the physician's practice
HB25-1001
Expanded Definition of Employer
The bill broadens the definition of "employer" to include individuals who own or control at least 25% of a business, thereby extending liability for wage violations to significant stakeholders.
Minimum Wage Protections
Employers are prohibited from making payroll deductions that would reduce an employee's pay below the applicable minimum wage, closing potential loopholes that could undermine wage standards.
Penalty Waivers and Court Remedies
The Director of the Division of Labor Standards and Statistics is authorized to waive penalties for employers who fail to pay claimed wages within 14 days of a written demand, provided specific conditions are met. Additionally, courts are empowered to pursue equitable relief in civil actions for unpaid wages.
Increased Wage Claim Threshold
The maximum amount for administrative wage claims adjudicated by the Division is increased from $7,500 to $13,000 for claims filed between July 1, 2026, and December 31, 2027. Starting January 1, 2028, this threshold will be adjusted for inflation biennially.
Penalties for Worker Misclassification
Employers found to have misclassified employees as independent contractors face escalating fines:
• $5,000 for a willful violation
• $10,000 if not remedied within 60 days
• $25,000 for a second or subsequent violation within five years
• $50,000 for a second or subsequent violation not remedied within 60 days
Accelerated Wage Theft Fund Payments
The waiting period for employees to receive payments from the Wage Theft Enforcement Fund is reduced from six months to 120 days, expediting restitution for affected workers.
Enhanced Anti-Retaliation Protections
The bill strengthens protections against employer retaliation by:
• Mandating consideration of the timing between an employee's protected activity and any adverse action
• Declaring the use of an individual's immigration status to negatively impact wage and hour law rights as unlawful
04/17/2025 | Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
Allowing the Division to award reasonable attorney fees and costs in cases of discrimination or retaliation
HB25-1208
Local Governments Tip Offsets for Tipped
Mandatory Tip Offset Alignment: Local governments that enact a minimum wage exceeding the state minimum wage are required to implement a tip offset for food and beverage employees. This offset must equal the amount by which the local minimum wage exceeds the state minimum wage, plus the state's existing tip offset of $3.02.
04/15/2025 | Senate Third Reading Passed - No Amendments
Implementation Timeline:
• By September 1, 2025, local governments with higher minimum wages must enact ordinances specifying the required tip offset.
• These ordinances must take effect by October 1, 2025.
Future Adjustments: Starting October 1, 2026, local governments may adjust the tip offset amount, but with restrictions:
• The offset cannot be reduced below $3.02.
• Reductions cannot exceed 50 cents in any 12-month period. Increases cannot result in an employee's wage falling below the state minimum
wage minus $3.02.
HB25-1300
Workers' Compensation Benefits Proof of Entitlement
Shift in Burden of Proof
Under current law, when a dispute arises over whether recommended medical treatment is reasonable, necessary, and related to a claimant's injury, the injured worker bears the burden of proof. HB25-1300 shifts this burden to the employer or the employer's workers' compensation insurer, requiring them to prove that the treatment is not reasonable, necessary, or related to the injury.
04/29/2025 | Senate Second Reading Passed with Amendments - Committee, Floor
Expanded Choice of Treating Physician
The bill grants injured workers greater autonomy in selecting their primary treating physician. Specifically, claimants may choose any Level I or Level II accredited physician listed by the Division of Workers' Compensation. If a claimant is unable
or unwilling to select a physician, the employer or insurer is responsible for making the selection.
Nothing so far…
6/2 – Prescription Drug Data Collection Reporting – group health plans and health insurers are required to submit data regarding drug costs to the Department of Treasury, Department of Labor (DOL) and Health and Human Services (HHS). Reporting is due annually on June 1st, or the first business day after, if June 1st falls on a weekend day or holiday.
7/31 – Form 5500 Filing Deadline (Calendar year Plans) 7/31 – Form 941 Filing Deadline (Second Quarter)
7/31 – PCORI Fee Deadline
Lighthouse HR Support (LHRS) provides practical human resource information and guidance based upon our knowledge and experience in the industry and with our clients. LHRS services are not intended to be a substitute for legal advice. LHRS services are designed to provide general information to human resources and/or business professionals regarding human resource concerns commonly encountered. Given the changing nature of federal, state and local legislation and the changing nature of court decisions, LHRS cannot and will not guarantee that the information is completely current or accurate. LHRS services do not include or constitute legal, business, international, regulatory, insurance, tax or financial advice. Use of our services, whether by phone, email or in person shall indicate your acceptance of this knowledge.
