Welcome to the 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. |
Unemployment Insurance (UI) Employer Update |
Adequate Responses Required for Division Requests |
Beginning January 1, 2024, the UI Division will start 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 result in 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.
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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.
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How Responding to Division Requests Can Reduce Employer Costs |
Your timely participation in UI Division requests is not only required by law (C.R.S. 8-79-104 (1)(a)(II)(A)), it also helps prevent improper benefit charges, penalties, overpayments, costly appeals, protects your right to protest and can ultimately reduce your costs. Here are more ways you can work with the UI Division to reduce your employment costs: |
- Report all hiring to the State Directory of New Hires by the due date.
- Respond promptly to any Request for Verification of Weekly Earnings.
- Respond to Fact Finding Requests as soon as possible.
- Provide complete and accurate employee separation information to help determine whether a claimant is eligible for benefits.
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ICESA EAN Formatting & Monthly Employment Information Requirements for Wage Reports |
When filing wage reports in MyUI Employer+, TPAs and employers will now be required to indicate each month an employee was employed in a given quarter (M1, M2, M3). Submitting a wage report without indicating each month the employee was employed in a given quarter will result in a “fatal” error and the report will not be accepted.
Monthly employment information has always been required when submitting wage detail and premium reports. However, prior to this updated requirement, the system would automatically report that an employee who received any quarterly wages was employed every month of the quarter. CDLE is no longer able to automatically determine which month(s) an employee was employed in a given quarter.
Additionally, beginning January 10th, MyUI Employer+ wage submissions using the ICESA file type will be required to use the new employer account number (EAN) format (example: 01234567). This change is in response to feedback from employers and third party administrators and aligns all accepted file types with the new EAN format. The new EAN format is listed on the Employer Home page.
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What to Know About Your 2024 Unemployment Insurance Premiums Rates |
Your unemployment rate notice for 2024 was mailed out in early December. Please login to MyUI Employer+ to view this information, or to download a copy of your rate notice. Rate protests can be submitted online starting December 5, 2023. The deadline for a Rate Protest to be submitted is 20 days after the mail date of the notice. Please submit a protest only if you think there is an error in your rate calculation (average annual payroll, benefit charging, payments). We cannot accept protests related to the new support rate breakout and will deny those protests.
Solvency Surcharge: In accordance with state statute, the solvency surcharge is in effect. Employers will find a solvency surcharge applied to your 2024 Unemployment Insurance rates.
Premiums Adjustments: The U.S. Department of Labor (USDOL) is requiring Colorado to make adjustments to employer premium contributions. You may notice this change when you receive your 2024 rate notice. New this year, your base rate is displayed in two categories – the base rate and the support rate. Breaking the support rate and the base rate into two rates does not increase how much you pay, it simply provides more transparency into how we calculate your rate. This change was made according to the USDOL requirements and brings us into compliance with federal law.
More information on rate notices, premiums adjustments, and the solvency surcharge is available on the Premium Rates page of our website. |
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Family and Medical Leave Insurance (FAMLI) Update |
FAMLI Statewide Virtual Town Hall Recording |
My FAMLI+ is live now, and the FAMLI team hosted a virtual statewide town hall in both English and Spanish on December 6. In case you missed it, click here to watch the full town hall on our YouTube channel. The response was overwhelming and we got valuable feedback from our participants. Some of the most asked-about topics included: Attend the next session
- January 10, 2024:
- February 1, 2024:
These sessions are open to employers in addition to Coloradans applying for FAMLI benefits. Zoom attendance is limited to the first 500 people who join, but we’ll also be streaming the session live on our YouTube channel and answering questions in the comments. If you still need support with your business’ employer obligations under FAMLI, give us a call at 1-866-CO-FAMLI (1-866-263-2654) Monday–Friday 8 a.m. – 4 p.m. MT. |
Update Your Total Employee Headcount in My FAMLI+ Employer |
Employers registered in My FAMLI+ Employer must update their total employee headcount for 2024 in My FAMLI+ Employer by January 21, 2024. This will ensure your business is paying accurate FAMLI premium rates. Employers with ten or more employees are required to send in the full 0.9% FAMLI premium for all 2024 quarters, and those with nine or fewer employees will be responsible for sending the 0.45% employee’s share of the premium for all four quarters in 2024. If your Annual Total Employee headcount is not updated by January 21, 2024, we will carry over your total employee headcount used for 2023. Visit this blogpost for more details on how to count your employees and how to update your headcount in My FAMLI+ Employer. |
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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.
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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 up to 15 other languages will be posted soon, starting with a Spanish translation by early January.
DLSS has also published new and updated INFOs (Interpretive Notices & Formal Opinions), the main guidance on a variety of Colorado labor law topics. These and other published guidance are available on the Division’s Published Guidance Page, or from the Division homepage at ColoradoLaborLaw.gov. |
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Office of New Americans (ONA) Update |
Work-Authorized New Americans Offer Win-Win Opportunity for Employers Seeking Talent |
Colorado’s newest arrivals are receiving their Employment Authorization Documents (EADs) and are really ready to work! With two job openings for one unemployed person in the state, employers can fill open positions permanently with individuals who are authorized to work by the federal government. That’s a win-win opportunity!
Employers interested in 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. |
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Workforce Development Programs Update |
Work-Based Learning Incentive Program (WBLI) Offers Businesses up to $10k in Reimbursements |
CDLE is now accepting applications for the Work-Based Learning Incentive (WBLI) Program. Employers participating in the program can receive reimbursements of up to $10,000, and small businesses and those in rural communities are eligible to receive additional incentives of $100. The program runs through May 2024 or until funding runs out.
Applications are evaluated in the order they are received, with funding available on a first-come, first-served basis. Please visit wbli.cdle.co for more information, including a checklist to prepare employers for the application process and instructions on how to apply. |
Interested in Bettering Your Workforce Pipeline? |
Colorado STEM Employers are invited to participate in an exciting new program to help shape the future of education and workforce development! With the enactment of HB 23-1198, CDLE is launching a K-12 Teacher Externship Program in June 2024! These externships will focus on Science, Technology, Engineering and Math (STEM) occupations.
Externships are work-based learning opportunities for teachers, providing extended exposure to the industry and types of careers their students may pursue. Hosting a teacher can be a great opportunity to share the skills your company needs now and into the future, and build excitement for your industry and the important work you do.
We want to hear from you! Please take this survey about your interest and learn more about this new, innovative initiative. We look forward to partnering with you to inspire the next generation of STEM professionals! |
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Colorado Department of Labor and Employment 633 17th St, Denver, CO 80202 Unsubscribe |
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