Dan Pilcher

CACI Chief Operating Officer

E-Mail: dpilcher@COchamber.com

www.COchamber.com

Tuesday, November 22, 2011

Colorado Department of Labor & Employment Holds Hearing on Worker Misclassification Rules to Clarify Employer Fines

Yesterday, the Colorado Department of Labor and Employment (CDLE) held a second hearing on proposed changes to current rules addressing the Department’s appeal process, good cause, and employee misclassification.  During the hearing, CDLE officials discussed the proposed changes to rules regarding misclassification investigations and fines.

The proposed language includes the following:

• For a first offense of misclassification, an employer shall be fined a minimum of $100 or $100 per day that a worker was misclassified, whichever is greater.  The fine shall not exceed $5,000 per misclassified employee.

• For a second offense or subsequent offense, an employer shall be fined a minimum of $1,000 or $200 per day that an employee was misclassified, whichever is greater.  The fine shall not exceed $25,000 per misclassified employee.

Testimony was provided by a representative of the construction trade who suggested that the fine for the second or subsequent offense be increased to $500 per day.  CDLE officials said that they will consider this suggestion. 

The Department also discussed the proposed changes to the appeal process including the distribution of transcripts obtained during a recorded hearing process.  The changes propose that an audio transcript can be provided to an interested party or their representative who is then charged the cost of the transcript.  The cost of the transcript can be waived if financial hardship or a disability is determined.  The CDLE plans to adopt the proposed rules within the next few weeks.

Finally, on the issue of regulations governing unemployment insurance benefit claims, Ellen Golombek, CDLE Executive Director, said that there will be a need to hold a separate rulemaking hearing to clarify language within the CDLE’s “good cause” rules since there is conflict between federal and state rules on this issue.  The proposed changes will allow the CDLE’s Unemployment Insurance Division to consider late information by an employer on an unemployment insurance claim before adjudication if the Division determines good cause exists for submission of the information.  This change will give employers the opportunity to provide key information that can be considered by a hearing officer even if the information is delayed.  The change will also help reduce the number of hearings held on a case.

Ball Corporation’s Workers Raise Almost $1 Million for United Way

Donations from Ball Corporation’s Colorado employees, combined with a company match, has raised more than $975,000 for the Mile High (Denver) and Foothills (Boulder) chapters of the United Way as part of the company’s annual United Way campaign.

Ball workers donated more than $487,000 during the one-week campaign in October, and the company matched that total to double the donation. The total exceeded the campaign goal by more than 15 percent. Over the past 10 years, Ball and its Colorado workers have donated almost $6 million to United Way organizations.

In Colorado, Ball employs about 3,100 people in Golden, Westminster, Broomfield and Boulder. United Way campaigns are also held in other Ball Corporation locations around North America.

Ball Corporation is a supplier of high-quality packaging for beverage, food and household products customers.  It also is a supplier of aerospace and other technologies and services, primarily for the Federal Government. Ball Corporation and its subsidiaries employ more than 14,500 people worldwide and reported 2010 sales of more than $7.6 billion.

The Ball Corporation is one of only two CACI Mission Trustees, which is the highest level of membership at CACI.  Jim Peterson, Ball Vice President of Marketing and Corporate Relations, was elected to the CACI Board of Directors last month.