Status of Proposed Employment Laws Introduced by the Colorado General Assembly in the First Quarter of 2023

Rob Thomas, Of Counsel

With the upcoming close of the first quarter of 2023, now is a good time to check on the status of some of the most significant labor and employment law changes introduced by the General Assembly this year.  In particular, the failure of the Fair Workweek Employment Standards Act to make it past the committee phase should provide some comfort to many Colorado employers.

Fair Workweek Employment Standards – House Bill 23-1118

            As previously discussed in this blog,[1] HB 23-1118 was introduced on January 24, 2023 and, if passed, would have dramatically affected larger employers engaged in the food & beverage and retail industries.  Among other things, the bill would require these employers to set employee schedules at least two weeks in advance, while mandating extra “predictability” pay to employees whose schedules are abruptly changed.  The bill also included measures to prohibit retaliation against employees who request scheduling changes, and to offer current employees available work shifts in the event of a work shortage via advance internal notices of available shifts and hours (as opposed to hiring new workers to cover the shortage), with noncompliance resulting in potential fines and backpay awards to aggrieved employees.  

The bill faced significant opposition, most notably from the Colorado Chamber of Commerce.  The bill ultimately did not make it out of the House Committee on Business Affairs & Labor, which voted on March 2, 2023 to postpone consideration of the bill indefinitely.  Thus, for now, Oregon remains the only state with similar scheduling protections for retail and food & beverage workers.

Additional Uses of Paid Sick Leave – Senate Bill 23-017

            Another bill previously addressed here is SB 23-017,[2] which seeks to expand the permissible uses of paid sick leave under the Healthy Families and Workplaces Act to include 1) caring for a family member whose school or place of care has been closed due to unexpected emergencies, such as inclement weather, loss of power, or other similar occurrences; and 2) time away from work to grieve, attend funeral services or a memorial, or manage financial and legal matters resulting from the death of a family member (i.e. bereavement leave). 

            The latter category of leave reflects a recent trend among states to either require employers to provide bereavement leave of some kind to employees (Oregon, Illinois, California), or to require employers to permit the use of available accrued paid time off from work for bereavement purposes (Maryland).  As of today, the bill is in front of the General Assembly for any further revisions after being passed by the Appropriations Committee by a 4-3 vote. 

FAMLI-Related Bills – HB 23-1104 and SB 23-046

              Two more bills introduced in the first quarter of 2023 aim to delay the implementation of the paid family and medical leave insurance program (“FAMLI”) by a year (HB 23-1104), and to require the inclusion of an employee’s entire work history within the defined “base period” for purposes of calculating benefit amounts (SB 23-046).[3]

            The former bill has effectively died in committee, as the House Committee on State, Civic, Military, & Veterans Affairs voted to indefinitely postpone consideration of the bill on February 9, 2023.  The latter bill, however, has passed multiple readings before the Senate and the House, with no amendments, and is poised to be signed into law by the Governor.  Thus, the FAMLI program is still on track to be implemented per its original timetable, with benefits available to qualifying employees as of January 1, 2024, and likely with the revised benefit calculation considerations proposed by SB 23-046.

Employer Considerations

            While the defeat of the Fair Workweek Employment Standards legislation should provide a sigh of relief for many Colorado employers, the other bills discussed reflect the General Assembly’s ongoing trend to further bolster employee rights and benefits in the workplace.  Campbell Litigation will continue to monitor the status of these and other labor and employment-related bills before the General Assembly, and will update this blog accordingly.   

[1]https://www.rockymountainemployersblog.com/blog/2023/1/26/colorado-lawmakers-to-introduce-the-fair-workweek-employment-standards-bill-this-session. 

[2]https://www.rockymountainemployersblog.com/blog/2023/1/12/general-assembly-considers-new-bill-to-further-expand-employee-use-of-paid-leave. 

[3]https://www.rockymountainemployersblog.com/blog/2023/2/2/law-governing-famli-in-flux-general-assembly-introduces-two-new-bills-regarding-the-amount-and-timing-of-employee-benefits.