SB 23-261

Senate Bill 23-261 establishes a new board within the Department of Labor and Employment in Colorado to address issues faced by direct care workers. These are individuals who provide essential home-based or community-based support to people needing help with daily activities. The board will review the industry every two years, develop minimum employment standards for these workers, and improve communication about their rights and employer obligations. Direct care employers must inform their employees annually about their rights and any relevant standards, and they are not allowed to retaliate against workers who participate in board meetings or activities. The bill was signed into law by the governor on June 5, 2023, and became effective on August 7, 2023. This means that the provisions of the bill are now enforceable and the board can begin its work to stabilize the direct care workforce in Colorado.

Official Summary

The act creates the direct care workforce stabilization board (board) in the department of labor and employment (department) to review the direct care industry, which is the industry of workers who provide home-based or community-based direct care to individuals who require assistance in accomplishing activities of daily living. The act directs the board, at least once every 2 years, to review the direct care industry and develop recommendations for: Minimum employment standards for direct care workers based on information gathered through an investigation of the direct care industry market in relation to the Colorado labor market; and Improving state communications with direct care workers about their rights and the obligations of direct care employers. The board must conduct public hearings to engage direct care workers, direct care employers, and direct care consumers in the development of the standards and recommendations for improved communications. The executive director of the department may direct the board to review minimum direct care employment standards more frequently. The board must report any recommendations approved by at least 8 board members to the governor and specified committees of the general assembly by September 1, 2024, and at least every 2 years thereafter. Direct care employers are required to provide annual notices to direct care workers regarding: Their rights and the obligations of direct care employers under the act; Any minimum direct care employer standards and local jurisdiction employment standards applicable to direct care workers; and Contact information for obtaining assistance from the department. Direct care employers are prohibited from retaliating against direct care workers for participating in board meetings and activities. The board is subject to a sunset review and repeal on September 1, 2029. For the 2023-24 state fiscal year, the act appropriates: $186,876 from the general fund to the department of labor and employment for use by the executive director's office to implement the act; and $60,358 from the general fund and anticipates $60,358 in federal funds to the department of health care policy and financing to implement the act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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