Colorado Employment Law Updates – 2018

June
June 6 – Gov. Hickenlooper signed a law establishing requirements for designating volunteer coaches as independent contractors

On June 6, 2018, Governor Hickenlooper signed House Bill 18-1303. The new law establishes the criteria by which a nonprofit youth sports organization my designate coaches as independent contractors instead of employees. To make the designation, the parties must enter into a written agreement that includes:

  • a statement that the coach is an independent contractor and not an employee of the organization;
  • a statement that the coach is not entitled to unemployment security benefits in connection with his or her contract with the organization; and
  • a disclosure in bold-faced, underline or large type, in a conspicuous location, and acknowledge by the parties that the parties have read and understand the disclosure indicating that the coach is an independent contractor and not an employee.

Other requirements and limitations apply.

The new law becomes effective on August 8, 2018.
May
May 29 – Gov. Hickenlooper signed a law granting a tax credit to employers who make contributions to employees’ 529 qualified state tuition program accounts

On May 29, 2018, Governor Hickenlooper signed House Bill 18-1217. The new law allows employers to take a tax credit equal to 20% of its contributions, up to $500, to employees’ 529 qualified state tuition program accounts. Other requirements and limitations apply.

The new law becomes effective on August 8, 2018.
May 29 – Gov. Hickenlooper signed a law granting a tax credit to employers who provide their employees with paid donor leave

On May 29, 2018, Governor Hickenlooper signed House Bill 18-1202. The new law allows employers to take a tax credit equal to 35% of its expenses incurred:

  • Paying an employee during his or her leave of absence period, which is paid leave given to an employee for the purpose of making an organ donation, but which does not exceeding 10 working days or the hourly equivalent thereof; and
  • For the cost of temporary replacement help, if any, during an employee’s leave of absence period.

Other requirements and limitations apply.

The new law becomes effective on August 8, 2018.
May 24 – Gov. Hickenlooper signed a law eliminating redundanies in background check requirements for employees working with venerable persons

On May 24, 2018, Governor Hickenlooper signed House Bill 18-1411. The prior version of the law required certain individuals who worked with vunerable persons to obtain two separate background checks. The new law eliminates that redundancy and now requires only on background check for all individuals whow work with vunerable persons.

April
April 2 – Gov. Hickenlooper signed a law governing physician noncompete agreements
On April 2, 2018, Governor Hickenlooper signed Senate Bill 18-082, a law that continues to prohibit employment, partnership or corporate agreements with physicians from containing noncompete agreements that restrict physicians from practicing medicine. It also continues to allow noncompete agreements to include provisions that prohibit physicians from soliting current or prospective patients. However, it created an exception for solicitation of patients with rare disorders the physician is treating.
The new law became effective when signed.
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