GrowFlow Logo

See all of GrowFlow for yourself - 30 Days Free

START FREE TRIAL

See all of GrowFlow for yourself - 30 Days Free

START FREE TRIAL

Colorado Employment Law Trends Putting Burden of Proof on Employer

As a cannabis industry owner, operator or employer it is important to stay up-to-date with the most current employment legislation in your state. Besides making sure to avoid fines and penalties, employee well-being and happiness are critical to the health of any business. Happy, healthy people tend to do better work and stay at their jobs longer – creating a better culture for everyone.

Employment laws can change rapidly and are often some of the most difficult aspects to keep up with. Federal, state, and local laws all have an affect on the requirements of employers. Recently, there is a growing trend of state-based laws that provide greater benefits to employees but also put a significant burden of proof on employers. 

The most recent of these laws is Colorado’s COMPS Order, which went into effect in early 2020. While much of the press about the COMPS Order was the increased minimum weekly wages for exempt employees, there was also an important provision relating to employee breaks that could be a bit of a headache for employers. 

This provision requires that employees are provided with a ten-minute break for every four hours of work. Alternatively, if employees do not take their break, they must be provided with an additional ten minutes of pay. Employers are charged with providing proof that they are complying with the law, which means creating a system to document whether employees took breaks each shift or that they received the additional pay. 

Similar rules exist in California where labor law mandates ten-minute rest breaks in the middle of every four hours of work. However, in California when employees do not take their ten minute break, they are to receive an additional hour of pay vs. the ten minutes of pay in Colorado.

Labor laws like these are particularly important for dispensary owners to be aware. Especially in California and Colorado who have over 1,500 dispensaries combined. Similar labor laws also exist in Oregon and Washington – only without the employee-compensation requirements that are required in California and Colorado. 

So what can dispensary owners do to keep up with shifting employment legislation? Given the trends in California and Colorado as well as other prevailing legislation related to state minimum wages we are seeing a shift towards more tracking and burden for dispensary owners. 

But, these changes don’t need to weigh down your operation. After-all, when people are happier and take regular breaks at work, they will tend to create a more pleasant work environment and do better work. The trick is to implement tracking so that you can provide proof that you are adhering to the law.

  1. 1. Make it part of your shop culture.

    1. a. Besides just putting together a system for tracking employee breaks, show your employees that you are committed to their well being by encouraging breaks as part of the system. Incentivize break-tracking and communicate to everyone that you genuinely want them to take their ten minutes each four-hour shift.

  2. 2. Make it simple.

    1. a. Those who help create the plan, don’t fight the plan. Ask your employees for input on what would make tracking the easiest for everyone involved. This will help ensure that everyone is actively participating in tracking breaks.

  • 3. Keep your records.

    • a. Your system of tracking needs to clearly show what employees took breaks during what shifts. Because this can get complex quickly, it’s best to use a solution that ties into your shop’s software.

Looking for an easy solution to employee time tracking?

Growflow provides software solutions specifically designed for retail dispensaries. In addition to seamless integration with other software tools, Growflow’s Point of Sale system allows for a smooth, simple checkout process along with detailed timekeeping that ensures your dispensary will be able to demonstrate compliance with laws like those on the books in Colorado and California.

quote

Simple user interface will ensure that you won't be caught out of compliance so you can focus on growing your retail business. 

BOOK DEMO

STAYING UP-TO-DATE

Besides making sure to avoid fines and penalties, employee well-being and happiness are critical to the health of any business. Happy, healthy people tend to do better work and stay at their jobs longer – creating a better culture for everyone.

 

CHALLENGES
  • Employers are charged with providing proof that they are complying with the law, which means creating a system to document whether employees took breaks each shift or that they received the additional pay.
SOLUTIONS
  • Make tracking employee breaks part of your shop culture. 
  • Make it simple! Ask your employees for input on what would make tracking easiest. 
  • Keep your records! Use a solution that ties into your shop's software 
Left Top Image

Your trusted partner in growth

No matter what you need along your path to growing your cannabis business, we’ve got your back. Schedule a demo with one of our helpful team members today, and we’ll have you up and running in no time.

EXPLORE YOUR PARTNERSHIP