Advisory Bulletins and Resource Guide - colorado.gov

1 Advisory Bulletins AND Resource Guide colorado Division of Labor March 31, 2012 John Hickenlooper, Governor, State of colorado Ellen Golombek, Executive Director Michael J. McArdle, Director, colorado Division of Labor Peter H. Wingate, , colorado Division of Labor FOREWORD The colorado Division of Labor has assembled this publication to aid in discharging its statutory duty of educating and assisting colorado employees, employers, and the general public on colorado labor and employment laws and related workplace topics. Readers must take note of the following important information: Effective January 28, 2008, content pages of this publication will contain a date stamp on the bottom right of each page.

2 The date will represent the most recent date of revision and publication for the substantive content on each page. The Advisory Bulletins and materials contained herein are provided for general Advisory , clarification, and explanatory purposes only. The Bulletins and associated materials are not intended to expand, narrow, or contradict current law. The current version of this publication is available at: The colorado Division of Labor does not provide legal advice. Persons inquiring must contact an attorney for legal advice. Every attempt has been made to ensure the accuracy and utility of the information contained in this publication.

3 The colorado Division of Labor is not responsible for errors or omissions; please contact the Division if you have any questions, comments, or feedback. This publication references and contains links to a variety of organizations, businesses, external agencies, websites, laws, and regulations. Such links do not represent formal endorsement or approval by the colorado Division of Labor. All documents contained in this publication are for informational purposes only, and should not be relied upon as an official record of action or law. For official, complete, or annotated versions of colorado Revised Statutes, contact the colorado Committee on Legal Services of the colorado General Assembly.

4 ACKNOWLEDGEMENTS This publication was created and written by Peter Wingate, , colorado Division of Labor. Contributors to this publication include Amanda Neal, Kruz Watkins and additional colorado Division of Labor staff who assisted in researching, editing, and writing the Bulletins and Resource Guide . The Division of Labor appreciates the extensive input and feedback we have received from colorado employees, employers, attorneys, law firms, and organizations regarding the content of this publication. KEYWORD INDEX A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Access to Division of Labor Records Access to Employee Personnel File Access to Premises and Payroll Records Accounting Unit Operation Actors / Minors Administrative Employees Age Certificates Agents of a Corporation Agricultural Industry Airline Industry Alcoholic Beverages, Sale and Serving / Youth Employment All-Union Agreement American Health Insurance Portability and Accountability Act (HIPAA) Amusement Establishments and Workers ATM Card (paycard)

5 Attorney General's Office At-Will Employment Audit Period / Ten-Day B Babysitting Background Checks Bad Checks Bakeries Bankruptcy Banks Bereavement (Funeral) Leave or Pay Bonuses Bounced Checks and Fees Breaks (Meal & Rest) Breastfeeding in the Workplace C Camps Cash Wage Payments CFDCPA Charitable Organizations Child Support Chores and Minors Civil Liability for Wages Civil Rights Division Claim Filing / Two-Year Limitation COBRA Collection Law and Practices colorado Fair Debt Collection Practices Act (CFDCPA) colorado Law vs. Federal Law colorado Youth Employment Opportunity Act (CYEOA) Commercial Support Service Industry Commission Sales Exemption from Overtime Commissions Companion Services Compensatory Time Computer Occupations / Salary Basis Consolidated Omnibus Budget Reconciliation Act (COBRA) Construction Industry Corporate Officer Liability Cost of Medical Examinations and Background Checks County Courts Credit Card Processing Fees Credit Unions Creditors / Employer Insolvency CYEOA D Davis-Bacon Act / Wages Death of an Employee Debit Card (paycard)

6 Debt Collection Deductions for Meals Deductions from Wages Department of Revenue Deposit for Uniforms Developmental Disabilities Direct Deposit Disability Leave Disabled Minimum Wage Offset Disciplinary Policies Disclosure of Wages Discrimination Dishonored Instrument Division of Labor Authority Division of Labor Records Doctors / Salary Basis Domestic Abuse Leave Law Domestic Employees Draws Drivers / Interstate and Intrastate Driving / Youth Employment Drug Tests Duties Directly Related to Supervision E Education Cost Elected Officials Electronic Debit Cards Electronic Payroll Card Systems Employee Polygraph Protection Act (EPPA) Employee Retirement Income Security Act (ERISA) Employer Bankruptcy Employment-at-Will Engaged to Wait EPPA ERISA Eviction Notice Executive Employees Exempt Employees under colorado Minimum Wage Order 28 Exemptions from Overtime Exemptions to colorado Wage Law and Wage Order Exemptions / Special Exemptions to CYEOA F Fair Labor Standards Act (FLSA)

7 False Statements Federal Law Coverage Fingerprinting Cost Firefighters Flextime FLSA Fluctuating Workweek Food and Beverage Industry Foreign Labor Certification Fourteen-Year-Olds / Youth Employment Fraternity Employees Full-Time Designation G Garnishment General Educational Development Examination / Minor Status Genetic Discrimination Genetic Information Genetic Information Nondiscrimination Act (GINA) GINA Gratuities H Hazardous Occupations for Minors Health Benefit Plans Health Care / Continuing Coverage Health Insurance Health and Medical Industry High School Diploma / Minor Status HIPPA Holiday Pay Hospitals Hours of Work Permitted for Minors I Identification / Employee Identity Theft Income Assignments Independent Contractors Industrial Relations Act ( 8-1-101 et seq.)

8 Inmates Insurance Industry Interstate Drivers Intrastate Drivers J Jurisdiction / State vs. Federal Jury Duty L Labor Market Information Labor Peace Act ( 8-3-101 et seq.) Lactation Programs in the Workplace Lawyers / Salary Basis Leonard v. McMorris Lie Detector Tests Liquor Sales and Service / Youth Employment Lodging M Manufacturing Industry Mass Layoffs Maternity Leave Meal Deduction from Wages Meal Periods Mechanics Exemption Mechanics Liens Medical Examinations Medical Industry Medical Leave Medical Transportation Exemption Methods of Payment and Electronic Debit Cards Military Employment Rights Military Leave Minimum Wage Minimum Wage Act ( 8-6-101 et seq.)

9 Minimum Wage Order Number 28 Minors (See Youth Employment) Mistreatment of Employees Models / Youth Employment Motor Vehicle Operation / Youth Employment N National Mediation Board (NMB) Newspaper Carriers / Youth Employment Nine-Year-Olds / Youth Employment NMB Non-Compete Agreements Non-Discretionary Bonuses Non-Profit Organizations Nonsolicitation Agreements Notice of Dishonored Instrument Notice of Layoffs Notice of Payday Notice of Termination Nursing Mothers O Occupational Safety and Health (OSHA) Off Duty Activities Oil and Public Safety On Call Time OSHA Outside Salespersons Overtime Calculation Examples Overtime Exemptions Overtime Hours Overtime Pay P Parent / Minor Performs Work for Parental Involvement in K-12 Education Act Parental Leave Law Parolees Part-Time Designation Patient Protection and Affordable Care Act Pay Periods and Payday Notice Pay Statements Paycard Paydays Payment of Wages upon Termination of Employment Payroll Debit Card Penalties Pension Plans Performers / Youth Employment Permissible Deductions from Wages Permissible Occupations for Minors Personnel File Access Phoenix Capital.

10 Inc. v. Dowell Piece Rate Definition Piece Rate Overtime Calculation Piece Rate Pay Plant Closing Polygraph Tests Pooling Tips Postmark and Mailing of Wages PPACA Preferred Claims Pregnancy Leave Prevailing Wages Prisoners Probationers Professional Employees Proof of Age / Minor Property Damage / Deductions Property Managers Public Accommodations Public Company Accounting Reform and Corporate Responsibility Act of 2002 [Sarbanes-Oxley Act (SOX)] Q Quit / Definition of Quit / Wages Due R Railroad Industry Railway Labor Act Recreational Establishments and Workers Reference Immunity Law Reference Checks for State Employees References / Provided by Employer Regular Rate of Pay Religious Organizations Reporting Time Pay Residential Camps Resignation / Wages Due Respite Care Rest Periods Retail Industry Retaliation Retirement Plans Right to Work Rounding of Hours S Salaried Overtime Calculation Sarbanes-Oxley Act (SOX)