HOUSE 3rd Reading Unamended April 25, 2016 HOUSE Amended 2nd Reading April 22, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0988.01 Kristen Forrestal x4217HOUSE BILL 16-1167 HOUSE SPONSORSHIP Winter and Pettersen, Becker K., Danielson, Esgar, Fields, Garnett, Ginal, Hamner, Kagan, Lebsock, Melton, Pabon, Primavera, Tyler SENATE SPONSORSHIP Todd and Donovan, House Committees Senate Committees Business Affairs and Labor Appropriations A BILL FOR AN ACT Concerning the creation of the "Colorado Family First Employer Act", and, in connection therewith, establishing a program that recognizes Colorado employers that meet certain family-friendly requirements, and making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates the "Colorado Family First Employer Act". The Colorado family first employer program, created in the bill, requires the department of labor and employment (department) to establish a program that designates Colorado employers that meet certain family-friendly criteria as Colorado family first employers. The office of the governor is authorized to recognize the employers who have been certified by the department with an award. The designated employers may use a logo, created by the office of the governor, for promotional purposes. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 13.7 to title 8 as follows: ARTICLE 13.7 Colorado Family First Employer Act 8-13.7-101. Short title. The short title of this article is the "Colorado Family First Employer Act". 8-13.7-102. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Workers should have the opportunity to advance and succeed in their chosen professions and to attain leadership positions through hard work, dedication, and skill. Unfortunately, women and minorities are currently under-represented in leadership positions across the country. (b) Women in Colorado are only paid eighty-one and nine-tenths cents for every dollar a man makes, and for women of color the gap is even wider. African American women make sixty-three and six-tenths cents; Latinas make fifty-four cents; Asian American women make seventy and two-tenths cents; and Native American women make fifty-eight and four-tenths cents for each dollar a man makes. (c) The wage gap is not only an individual issue, but it also affects families across the country. If women and people of color earned equal pay for equal work nationally in 2012, our gross domestic product would have grown by two and nine-tenths percent and would have added four hundred fifty billion dollars in income. Closing the pay gap will help families and will be an economic driver for all of Colorado. (d) Workers should be evaluated and compensated based upon their skill, effort, responsibility, and working conditions. Workers of "comparable worth" should be paid the same salary regardless of gender, race, ethnicity, or national origin. (e) Without access to child care services, parents may face a difficult decision between putting their careers on hold or leaving their children in unsafe or poor-quality child care situations. Access to child care makes it possible for employees to have a family and advance in the workplace, building a stronger future for their families and their communities. (f) Paid leave ensures that workers can take on family responsibilities without sacrificing their income. Ensuring that employees can take paid time off to care for an ill family member or care for a newborn or adopted child means an employee is more likely to stay in the workforce and experience better health outcomes for those under their care. (2) Therefore, it is the intent of the general assembly to authorize the department of labor and employment to establish a program through which family-friendly businesses may apply for and receive recognition and certification from the office of the governor. 8-13.7-103. Definitions. (1) As used in this article: (a) "Department" means the department of labor and employment. (b) "Employer" means a person or entity engaged in business in this state who has one or more employees. "Employer" includes the state and any political subdivision of the state with one or more employees. (c) "Program" means the Colorado family first employer program established in section 8-13.7-104. 8-13.7-104. Colorado family first employer program - creation - duties of the department - duties of the governor's office. (1) The department shall establish the Colorado family first employer program to designate employers in this state as "Colorado family first employers". The governor shall award the Colorado family first designation to an employer who has been certified by the department as meeting all of the following requirements: (a) The employer demonstrates that all of its employees, including women, people of color, and persons with disabilities, have equal opportunities to advance to leadership positions in the workplace and that the employer provides access to, or the ability to take time off for, mentorship training or leadership opportunities to achieve this outcome. (b) The employer demonstrates that it does not pay some of its employees at wage rates less than the rates paid to other employees for substantially similar work, when viewed as a composite of skill, effort, and responsibility and performed under the same working conditions, except where the wage difference is based upon one or more of the following: (I) A seniority system; (II) A merit system; (III) A system that measures earning by quantity or quality of production; or (IV) A bona fide factor other than race, gender, ethnicity, or national origin, such as education, training or experience. (c) The employer makes a child care stipend, a child care facility, or child care services available to its employees, qualifies for the federal credit for employer-provided child care facilities and services tax credit pursuant to 26 U.S.C. sec. 45F, or qualifies for the state credit for child care facilities pursuant to section 39-22-121, C.R.S. (d) The employer provides at least two weeks paid leave for the birth or adoption of a child, for medical care of the employee, and, if possible, for medical care of a family member. (e) The employer provides flexible work arrangements to accommodate important family obligations for all employees. (f) The employer provides health insurance options for or contributes to the health insurance costs of its employees and their dependents. (g) The employer contributes to the employee's retirement benefit plan at a level equal to or greater than the minimum contribution required for an employee to participate in the retirement benefit plan. (2) The requirements in subsection (1) of this section apply to all full-time employees. (3) The department shall establish procedures for the program by which employers may apply for and be awarded a "Colorado Family First" designation for a three-year period. The application for the award must include the following: (a) The employer's name, address, and description of the type of business or industry in which the employer is engaged; (b) Evidence that the employer meets the requirements for certification in subsection (1) of this section; and (c) The signature of the employer, or the employer's designee, attesting that the information provided in the application is valid. The governor may revoke an award if an employer knowingly provides false information on the application. (4) The office of the governor shall deliver an award to the employer in writing or electronically in a timely manner. If an employer meets all seven of the requirements in subsection (1) of this section, the employer is entitled to a platinum award. If an employer meets at least four of the seven requirements in said subsection (1), the employer is entitled to a gold award. The office of the governor shall create and include a logo that an employer who is designated a Colorado family first employer may use for promotional purposes. If an employer is not a designated Colorado family first employer, the employer may not use the logo. (5) The department shall publish a list on its website of employers that are awarded the Colorado family first employer designation. The department shall update the list at least three times per year. 8-13.7-105. Rules. The department may promulgate rules to implement this article. SECTION 2. Appropriation. For the 2016-17 state fiscal year, $15,865 is appropriated to the department of labor and employment for use by the division of labor. This appropriation is from the general fund and is based on an assumption that the division will require an additional 0.3 FTE. To implement this act, the division may use this appropriation for program costs. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.