
Exempt vs. Non-Exempt: How Colorado Employers Classify Employees
Exempt or non-exempt? How Colorado employers classify a role under federal law and the COMPS Order, with Colorado's 2026 salary threshold and what to do about a mistake.




By Allisha McCartney11 Aug 20267 min read

If I could see the employee files of most small businesses, I could probably find a little bit of everything. A personnel file here. Payroll records somewhere else. A few documents sitting in someone's email. I-9s mixed in with everything else. A medical
document that probably shouldn't be in the personnel file at all.
Here's the thing: It's usually not because the business owner doesn't care about HR.
The problem is the lack of a straightforward system to facilitate tasks effectively. Companies often implement complex filing structures that overwhelm employees. These systems include folders for payroll, benefits, training, performance evaluations, recruiting, leave management, and more, each with subfolders and necessary documentation for compliance and efficiency. Over time, this complex organization becomes difficult to manage, making it hard for employees to follow protocols. They struggle to find documents or understand where information is stored, leading to frustration and inefficiency. As a result, employees may bypass the system, using personal organization methods, which can cause inconsistencies and errors.
I don't fault them for that. When faced with a cumbersome system, it's natural for employees to seek more intuitive methods. This deviation reflects a lack of a streamlined approach that meets user needs. Without a user-friendly system, maintaining compliance and efficiency is challenging, hindering organizational productivity.
When I team up with small businesses, my first mission is to streamline employee records. It's not about chasing perfection, it's about something much more vital: Can the business actually maintain the system they've set up? A filing system is worthless if it merely looks good on paper but isn't put into practice. For many small businesses, I strongly recommend kicking off with four essential categories:
That's it! These are four fundamental starting points for maintaining employee records.
While not every business needs to adopt this exact system, the ultimate goal is to establish a record-keeping process that is simple, consistent, and tailored to the specific size and needs of your organization.
This is why I believe HR sometimes earns a negative reputation. The perception that HR departments can be overly bureaucratic and complex often stems from the way they handle processes and procedures. While the intentions behind these actions are typically rooted in compliance and thoroughness, the execution can sometimes lead to frustration among employees and management alike. We have the ability to make almost anything more intricate. In the realm of human resources, this means that we can easily create an overwhelming number of systems and protocols that, while designed to streamline operations, may inadvertently complicate them.
This complexity can manifest in various forms, such as:
More isn't always better. Increasing complexity can hinder efficiency, causing employees to feel overwhelmed and distracted from their main duties. The goal isn't to create a complex HR system overloaded with unnecessary documentation. Instead, focus on a manageable system that effectively supports employees. When dealing with resignations, wage complaints, unemployment claims, or employment history inquiries, you need a streamlined process for quick access to information. This clarity enhances HR's functionality and strengthens its relationship with the organization. By prioritizing simplicity and accessibility, HR can be seen as a valuable partner rather than a burden.
Retention of employment records is sadly complex, varying by record type, jurisdiction, and employment circumstances. Federal and state laws dictate different retention requirements. Keeping all records indefinitely is not advisable due to potential clutter, inefficiency, and legal issues. Over-retention can raise privacy concerns, complicate information retrieval, and increase data breach risks, especially with digital storage.
A good recordkeeping system should address:
Answering these questions simplifies record management, ensuring legal compliance and an organized, efficient system. This reduces stress and enhances workplace functionality, aiding decision-making and employee relations.
If your employee files are currently a mess, don't panic. You don't need to reorganize your entire HR department in one afternoon. Start with one employee file. Figure out what belongs there. Separate anything confidential. Make sure your I-9s are where they belong. Then create a consistent structure you can use going forward. Progress is better than a perfect system that nobody follows. If your current system is overly complicated, simplifying it may be one of the best things you can do.
I created the HR & Payroll Record Retention Toolkit specifically for small businesses that want to get their employee records organized without turning HR into another full-time job. It includes:
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