09/17/2008
As the deadline nears, there seems to be no movement in getting the four anti-business ballot initiatives removed from the November ballot. The future of small business will lie in the hand of the voters. These four ballot initiatives may determine the survival of your business.
What You Can Do: Take with your employees and discuss the adverse effects these initiatives could have on the future of your business. Stress that while the initiatives look good on the surface for employees the devil is in the details. Each one of these initiatives can have effect on future wage and benefit increases.
Here is a recap of the initiatives:
Colorado Ballot Initiatives. All ballots are certified for inclusion on the November ballot.
Amendment 53:
- Would increase penalties for corporate executives and other types of employees who commit fraud.
- Creates incomputable number of new crimes.
- Plaintiff not required to have legal standing or to have suffered an injury.
- Allows for compensatory damages in addition to punitive damages.
- Proceeds from successful suit go to the State's General Fund and is not subject to TABOR spending and revenue limits.
Amendment 55:
- Would require "just cause" for ANY employment termination.
- Employers with more than 20 employees.
- Does away with Colorado's "at will employment statutes".
- Unclear how financial distress of an employer would be handled.
- "Just Cause" does not mean "Good Cause."
- Does not apply to unions or government employees.
- "Just Cause" does not include bankruptcy, lack of work.
Amendment 56:
- Would require any employer with more than 20 employees to provide health benefits.
- Employees could not pay more than 20 percent for coverage.
- Employees could not pay more than 30 percent for dependent coverage.
- Unclear how ERISA is handled for self insured plans.
- Creates new government run super agency to provide indirect health benefits/administer the plan.
- If employer does not provide coverage directly must pay the new insurance authority.
Amendment 57:
- Would require employers to provide a safe work environment for employees.
- Employers with more than 10 employees.
- Allows an injured worker to litigate against an employer over and beyond workers' compensation awards.
- Employees can seek compensatory or punitive damages for past and future financial losses, pain and suffering, emotional distress, mental anguish, inconvenience, loss of "enjoyment of life" and other non-economic losses.
- Per NCCI cost study, would add $1.2 billion dollars to Colorado's workers' compensation costs.
