February 2023

CDLE Monthly Employer Email

This email contains critical information for Colorado employers. You received this email because you are registered in our Unemployment Insurance system or subscribed to our email list. Please visit the CDLE website for additional information about employer programs.

Required Notice of Federal and State Refundable Tax Credits

In accordance with House Bill 23-1006, employers are required to provide written notice of the availability of the federal and state earned income tax credits, and the federal and state child tax credits to each employee at least once every year. The written notice can be sent to employees electronically (including via email or text message) and must be in English and any other language the employer uses to communicate with employees. The written notice must also include any additional content that the Department of Revenue prescribes.

See the Department of Revenue’s Notice of Federal and State Refundable Tax Credits resource page for more information.

Unemployment Insurance (UI) Employer Update

Updated Wage Filing Specifications in MyUI Employer+

Wage submissions using the ICESA file type are now required to use the new employer account number (EAN) format (example: 01234567). This change aligns all accepted wage file types in using the new EAN format. Your EAN can be found on your Employer Home page of MyUI Employer+. See the How to Submit a Wage Report page for more information on acceptable file types and EAN formatting.

Required: Update Your Monthly Employment Counts

TPAs and employers are required to report a count of all employees (full-time and part-time) who worked during or received pay for the pay period that includes the 12th day of the month. When you report your quarterly wages in MyUI Employer+, you must indicate whether the person was employed on the 12th of each month by responding “yes” or “no” for each employee for each month of the quarter.

Submitting a quarterly wage report without a count of all covered employees will result in a “fatal” error and the report will not be accepted. See the How to Submit a Wage Report page for downloadable sample files containing monthly employment information.

Updated Fraud Reporting Guidance for Employers

If you receive a fact-finding request about an employee who has not worked for you in 20 months or more, or someone who has never worked for you, you should:

Respond to the fact-finding request in a timely manner
Indicate the claim is fraudulent in your response
Submit an online fraud report to CDLE

Adequate Responses Required for UI Division Requests

The UI Division is now issuing determinations based on the adequacy of information provided by employers in response to Division requests. UI Division requests include fact-finding questionnaires, additional separation and wage information, and more. An adequate response means the information provided by the employer for a Division request is sufficient to support a determination on the issue (RCES 7.4.2.2).

Inadequate responses fail to provide enough information to determine a claimant’s eligibility for UI benefits, regardless if the response is timely. Although employers may choose to not protest a claim or provide additional information about the job separation in their response to the Division, this will be considered an inadequate response. The Division will still issue a determination based on the available facts.

Failure to provide adequate responses can result in improper payments and additional charges assessed to an employer’s account. According to state statute (CRS 8-79-102 (5)(A)), the Division will charge an employer’s account for improper payments if:

The payment was made because the employer (or agent) was at fault for failing to respond on time or adequately to the Division request.
The employer (or agent) has established a pattern of failing to respond on time or adequately to Division requests.

How to Avoid Inadequate Response Determinations:

Respond on time and completely to all Division requests related to a claimant’s eligibility for UI benefits.
Provide specific details and information that can help the Division make a determination based on all the available facts.

Annual Seasonal Report Deadline Extension

Seasonal employers are required to file their Annual Seasonal Report by the last day of February each year in order to maintain their status. Annual reminders to file seasonal reports were not sent in December 2023 due to a system error that occurred during the transition to the new MyUI Employer+ system. Please note that the deadline to file Annual Seasonal Reports has been extended until April 15, 2024.

Additionally, you may notice some seasonal data may appear out of alignment with your previously reported information, or have gaps. Please login to your MyUI Employer+ account and correct your data through submission of your Annual Seasonal Report.

Family and Medical Leave Insurance (FAMLI) Update

Register for the March FAMLI Webinar

The FAMLI March webinar will be March 21, 2024, from 11:00 a.m. - 12:00 p.m. Our presentation will include how to securely file for FAMLI benefits, what to expect while on FAMLI leave, employer updates, private plan refunds, and taxes. The remainder of the time will be spent answering questions from those in attendance. Register for the March 21 webinar (capacity limited to 500) or subscribe to our YouTube Channel for the live stream.

Healthcare Providers: Verify your license at MyFAMLI+

Healthcare providers should complete the Serious Health Condition Forms with all the required information. Required fields are indicated by an asterisk. If any required fields are omitted it will result in the patient having to contact their provider again to have it corrected.

Healthcare providers can register in the My FAMLI+ portal and become verified, and certify claims electronically. The system will make sure all required information is gathered to properly adjudicate a claim.

Update Your HR Point of Contact in My FAMLI+ Employer

Employers and TPAs, now that your employees can apply for FAMLI leave, don’t forget to add the contact information for your HR Benefits Manager in My FAMLI+ Employer. This new feature allows you to easily designate a point of contact for your HR Benefits Manager within your organization and any other organizations you represent.

This designated contact will be the go-to person who receives documentation when an employee applies for FAMLI leave. This documentation will be delivered via email (in addition to a mailed letter)! If a point of contact isn't provided for the HR Benefits Manager in My FAMLI+ Employer, employee benefit documentation will be sent to the main email address and mailing address for the account holder on file.

While you’re at it, don’t forget to make sure all of your contact information (including your email address) is up to date in the system. For more information, please refer to Page 41 of the Employer User Guide on our My FAMLI+ Employer page.

Division of Labor Standards and Statistics (DLSS) Update

Updates to Colorado Labor Laws

The DLSS recently adopted the following four amended sets of rules, which will take effect on January 1, 2024:

Colorado Overtime and Minimum Pay Standards Order (COMPS Order) #39, 7 CCR 1103-1;
The 2024 Publication And Yearly Calculation of Adjusted Labor Compensation (PAY CALC) Order, 7 CCR 1103-14;
The Equal Pay Transparency Rules (EPT Rules), 7 CCR 1103-13; and
The Prevailing Wage and Residency Rules (PWR), 7 CCR 1103-6.

These and other labor rules are available on the Division’s Labor Rules webpage.

Updates for 2024 to the Colorado Wage-and-Hour Workplace Poster and Notice

DLSS has published the 2024 Colorado wage-and-hour poster and notice that almost all private sector employers are required to post in the workplace (or distribute by other means, if not all employees can be reached with a physical posting). Employers are also required to include the notice with any handbook, manual, or other policies distributed to employees. Translations in other languages will be posted soon.

DLSS has also published new and updated INFOs (Interpretive Notices & Formal Opinions), the main guidance on a variety of Colorado labor law topics, in large part based on recently adopted rules. The most recently updated and new INFOs include:

INFO #1 (updated): Key Wage and Hour Rights and Responsibilities in Colorado: the COMPS and PAY CALC Orders
INFO #3C (updated): Tips (Gratuities) and Tipped Employees Under Colorado Wage Law
INFO #9 (new): Summary: Hiring & Screening -- What Employers Must Disclose, & Information They Must Not Ask or Use
INFO #9A (updated, & renumbered from #9): Transparency in Pay and Job Opportunities: The Colorado Equal Pay for Equal Work Act, Part 2
INFO #9B (new): Restrictions on Age Information in Job Applications: the Job Application Fairness Act (“JAFA”)
INFO #9C (updated, & renumbered from #8): Limits on Criminal History Screening of Applicants: Colorado Chance to Compete Act
INFO #20 (updated): Summary: “Time Worked” That Must Be Paid under Colorado Law
INFO #20A (updated): What Is and Isn’t “Time Worked” That Must Be Paid under Colorado Law
INFO #20B (updated): What’s Owed for “Time Worked” for Different Types of Pay, Hourly and Non-Hourly
INFO #20C (updated): What Travel Time and Sleep Time Is and Isn’t “Time Worked” That Must Be Paid

These and other published guidance are available on the Division’s Published Guidance Page, or from the Division homepage at ColoradoLaborLaw.gov.

Office of New Americans (ONA) Update

New American Hiring Fair Scheduled March 6, 2024!

Employers interested in hosting a table at the March 6 job fair should complete the application form. Employer interested in attending future job fairs, connecting with New American pipelines, and/or hiring new Americans can complete the Employer Interest Form, or contact ONA's Global Talent Administrator, Anthony Cherwinski, via email to anthony.cherwinski@state.co.us for more information.

ONA Helps Employers Harness New Talent Pool with Free Webinar Series

More than 80% of Colorado’s 570,000+ New Americans are of working age, and 32% aged 25 and older have a bachelors or advanced degree. ONA is helping employers harness the potential of this new talent pool with its free webinar and training series, “Working with New Americans: From Recruiting to Upskilling.”

Each episode covers foundational strategies and lists action steps on each topic, serving employers large and small and across all industries. Employers interested in establishing New American hiring initiatives or improving current strategies can catch up on the latest episodes, contact ONA’s Global Talent Administrator, Anthony Cherwinski, via email to anthony.cherwinski@state.co.us for more information.

VCESL Partnering with Small & Mid-Size Businesses

The Virtual, Career-Aligned English as a Second Language (VCESL) Program continues to provide vital and timely career and sector-specific, adult English courses through digital platforms at no cost to partners or participants. To date, the VCESL Program is proud to partner with over twenty small to mid-sized businesses, employers, and workforce development centers and job training programs, and twelve community-based organizations, institutions of higher education, public libraries, and local education agencies.

This program can be incorporated into employers’ new and current work-based training programs and more. Enrollment is currently underway — take advantage of a free program to upskill and expand your talent pool!

If you wish to partner with ONA and implement the VCESL Program please contact Candace Heckstall, VCESL Manager, at candace.heckstall@state.co.us. This could be the solution to your workforce needs!

Workforce Development Programs Update

CDLE Launches New K-12 Teacher Externship Program

Colorado STEM employers are invited to participate in an exciting new program that will help shape the future of education and workforce development in Colorado! With the enactment of Colorado House Bill 23-1198, the Department of Labor and Employment has launched a K-12 Teacher Externship Program focused on Science, Technology, Engineering and Math (STEM) occupations. Externships will begin in June 2024. Learn more about the program here.

Externships are work-based learning opportunities for teachers that provide extended exposure to industry and the types of careers their students may pursue. Hosting a Teacher during an externship can be a great opportunity to share the skills needed for the positions in your company now and into the future. The externship can also build excitement for your industry and the important work you do.

CDLE is actively seeking participation from business partners dedicated to championing diversity, equity, and inclusion in their workplaces to participate as hosts to teachers. Those interested in participating are asked to fill out this interest form.

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