State Minimum/Prevailing Wage
April 2014
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Editors Note:
If a state minimum wage rate is less then the federal rate of $7.25 per hour then employers
are required to follow federal minimum wage law. State laws will only supersede federal requirements when
the state law provides a more generous benefit to employees.
Where available, website addresses have been provided within the chart to obtain additional information for
that states Prevailing Wage requirements.
Additional Resources:
Minimum Wage History Chart
Compliance Assistance - The Davis-Bacon and Related Acts (DBRA)
Wage Determination by State
Davis-Bacon Wage Determinations Helpful Hints
Davis-Bacon Reference Material
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State
Statute
Alabama
The state of Alabama does not have a state minimum wage, however employers are required to apply federal rate, which is currently set at $7.75 an hour.Alaska
23.10.065(a) is repealed and reenacted to read: (a) Except as provided in (b) of this section and as otherwise provided by law, for hours worked in a pay period, whether the work is measured by time, piece, commission, or otherwise, an employer shall pay to each employee wages at a rate that is not less than the higher of $7.15 an hour or, for work performed on or after the effective date of an actualincrease of the federal minimum wage to a rate higher than $7.15 an hour, 50 cents an hour more than the federal minimum wage. An employer may not apply tips or gratuities bestowed on employees as a credit toward payment of the minimum hourly wage required by this section. Tip credit as defined by the Fair Labor Standards Act of 1938 as amended does not apply to the minimum wage established by this section.* Sec. 2. This Act takes effect July 1, 2009.
23.10.070 To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050 - 23.10.150 of (1) an individual whose earning capacity is impaired by physical or mental deficiency, age, or injury, at the wages and subject to the restrictions and for the period of time that are fixed by the commissioner; and (2) an apprentice at the wages that are approved by the commissioner; or (3) a learner at the wages and subject to the restrictions and for the periods of time that are fixed by the commissioner.
36.05.010 A contractor or subcontractor who performs work on public construction in the state, as defined by AS 36.95.010 , shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that
contained in the latest determination of prevailing rate of wages issued by the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is shorter. At the end of the initial 24-month period, if new wage determinations have been issued by the department, the latest wage determination shall become effective for the next 24-month period or until the contract is completed, whichever occurs first. This process shall be repeated until the contract is completed. (http://www.labor.state.ak.us/lss/whhome.htm)
Arizona
23-363. A. Employers shall pay employees no less than the minimum wage, which shall be seven dollars and eighty cents ($7.80) an hour beginning on January 1, 2013. B. The minimum wage shall beincreased on January 1, 2014 and on January 1 of successive years by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S. department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents. C. For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its records of charged tips or by the employee's
declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than the minimum wage for all hours worked. Compliance with this provision will be determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission.
34-321 A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state, including charter cities, shall not by regulation, ordinance or in any other manner require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located.
[Editors Note] Through December 31, 2005, Pima County is required to page a living wage rate of $8.35 per hour if benefits are provided and $9.39 per hour if benefits are not provided.
[Editors Note] The living wage for Pima County has been increased to $9.67 per hour if the employer does not provide benefits and $8.60 per hour if benefits are provided.
Arkansas
11-4-203.Definitions.— As used in this subchapter, unless the context otherwise requires:(1) "Director" means the Director of the Department of Labor; (2) "Employ" includes to suffer or to permit to work; (3) "Employee" includes any individual employed by an employer but shall not include: (A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer's premises taking orders for goods or services; (B) Students performing services for any school, college, or university in which they are enrolled and are regularly attending classes; (C) Any individual employed by the United States; (D) Any individual engaged in the activities of any educational,
charitable, religious, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to the organizations gratuitously; (E) Any bona fide independent contractor; (F) Any individual employed by an agricultural employer who did not use more than five hundred (500) man-days of agricultural labor in any calendar quarter of the preceding calendar year; (G) The parent, spouse, child, or other member of an agricultural employer's immediate family; (H) An individual who: (i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and (iii) Has been employed in agriculture fewer than thirteen (13) weeks during the preceding calendar year; (I) A migrant who: (i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer; (ii) Is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (iii) Is employed on the same farm as his or her parents; and (iv) Is paid the same piece-rate as employees over age sixteen (16) years are paid on the same farm; (J) Any employee principally engaged in the range production of livestock; (K) Any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plants, or railroad or other transportation terminal if the number of employees employed by his or her employer in the forestry or lumbering operations does not exceed eight (8); (L) An
employee employed by a nonprofit recreational or educational camp that does not operate for more than seven (7) months in any calendar year; (M) A nonprofit child welfare agency employee who serves as a houseparent that is: (i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency, and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and (ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000), or at an
annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost; (N) An employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation: (i) Of less than four
thousand (4,000); and (ii) The major part of which is within the county where the newspaper is published or counties contiguous to the county where the newspaper is published; (O) An employee employed on a casual basis in domestic service employment to provide: (i) Babysitting services; or (ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity; (P) An employee engaged in the delivery of newspapers to retail subscribers; or (Q) A home worker engaged in: (i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and (ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths; (R)(i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or non-profit educational conference center does not operate for more than seven (7) months in a calendar year; or
(b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year. (ii)(a) This subdivision (3)(R) is effective retroactively as of January 1, 2006.
(b) The retroactive effect of this subdivision (3)(R) does not impose liability on the department or on an employee to repay damages, back wages, civil money penalties, or other monies collected or paid by the department or received by an employee. (4) (A) "Employer" includes any individual, partnership, association, corporation, business trust, the State, any political subdivision of the State, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. (B) "Employer" shall not include any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for any workweek in which fewer than four (4) employees are employed; (5) "Gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered; (6) "Independent contractor" means any individual who contracts to perform certain work away from the premises of his or her employer, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the result of his or her work; (7) "Man-day" means any day during any portion of which an employee performs any agricultural labor. Any individual otherwise excluded as an "employee" under subdivision (3) (I) of this section shall be considered an employee in computing man-days of agricultural labor; (8) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed; and (9) "Wage" means compensation due to an employee by reason of his or her employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by this subchapter or by regulations of the director under this subchapter.
11-4-210(a) Beginning October 1, 2006, every An employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) six dollars and fifty-five cents ($6.55) per hour except as otherwise provided in this subchapter. Beginning July 24, 2009, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and twenty-five cents ($7.25) per hour except as otherwise provided in this EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that the national and state economies have weakened and continue to weaken; that Arkansas families face serious and increasing financial hardships; that the financial hardships risk causing irreparable harm to the welfare of Arkansas families and the economy of this state and that this act is immediately necessary because an increase in wages will immediately allow Arkansas citizens to meet the steadily increasing weight of the present fiscal crisis. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective The date of its approval by the Governor; If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.
11-4-212(a), concerning the allowance for gratuities, is amended to read as follows: (a) Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring purposes shall be entitled to an allowance for gratuities as a part of the hourly wage rate provided in § 11-4210 in an amount not to exceed fifty percent (50%) fifty-eight percent (58%) of the minimum wage established by § 11-4-210, provided that the employee actually received that amount in gratuities and that the application of the foregoing gratuity allowances results in payment of wages other than gratuities to tipped employees, including full-time students subject to the provisions of § 11-4-210, of no less than fifty percent (50%) forty-two percent (42%) of the minimum wage prescribed by § 11-4-210. SECTION 8. This act shall become effective on October 1, 2006.
benefiting from financial assistance programs must pay employees a living wage rate of $10.55 per hour. Covered employers may claim a credit toward the living wage rate in the amount equal to its average hourly health care or child care expenditures per covered employee up to the maximum health care or child care credit currently set as $1.25.
California
1182.12. Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour..1182.13. (a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum wage made pursuant to Section 1182.12.
351. No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment.
1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. (http://www.dir.ca.gov/t8/ch8sb3a4.html)
1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor.
[Editor's note:] Effective January 1, 2013the city of Long Beach will require hotel employers (100 or more guest rooms) to pay hotel workers a minimum wage of not less than $13.00 per hour worked. The ordinance also provides for the minimum wage to be adjusted annually based on either increases in the federal minimum wage or, if greater, by the cumulative increase in the cost of living, as of December 31. If in any calendar year there are no increases in the federal minimum wage and the increase in the Consumer Price Index (All Urban Consumers, Los Angeles-Riverside-Orange County) is less than 2%, then the rate is to be adjusted by an increase of 2%. Tips or gratuities received by hotel workers and service charges or commissions cannot be credited as being any part of or offset against the required minimum wage. Additionally, hotel workers must receive five compensated days off each calendar year for sick leave at the hotel worker’s request. Hotel workers must receive their normal daily compensation for each compensated day off. Workers are to accrue 5/12 of a day of compensated time for each full month in a calendar year that the hotel worker has been employed by the hotel employer. A hotel worker would be entitled to use such days off as they accrue. Any accrued time not taken by the end of the calendar year is to be paid to the hotel worker in a lump-sum payment at the end of the calendar year. [Editor's note:] Effective January 1, 2013 the minimum wage in the City of San Francisco will increase to $10.55 per hour effective. The minimum wage requirement applies to all adult and minor employees, including temporary and part-time workers, who work two or more hours per week. Additionally, city contractors subject to the San Francisco Minimum Compensation Ordinance (MCO), must pay employees $12.43 per hour.
[Editor's note:] Effective January 1, 2013 the City of San Jose, has passed an ordinance requiring
employers in San Jose to pay employees who work at least two hours of work in a calendar week a minimum wage of at least $10.00 per hour. The minimum wage ordinance allows for a waiver of all or a
portion of the requirements through collective bargaining agreements.
[Editors Note] Effective January 1, 2011, the prevailing wage rate for the city of San Francisco is set at $9.92 per hour. All employers shall pay a minimum wage of $9.92 per hour for work performed by adult and minor employees who work two or more hours per week within the geographic boundaries of the city—this is known as the San Francisco minimum wage. San Francisco's Minimum Compensation Ordinance (MCO) requires that commercial businesses that contract with the city or that lease property at SFO pay a minimum compensation of $11.69 per hour to employees. Nonprofit organizations must pay a minimum compensation rate of $11.03 per hour. These rates apply for contracts entered into on or after October 14, 2007. The minimum compensation rate may be adjusted annually each January 1. For contracts entered into prior to October 14, 2007, the for-profit compensation rate is $10.77 per hour, and for nonprofits, the compensation rate is the same as the San Francisco minimum wage.
[Editor’s Note:] The City of Santa Fe's “living wage” is $9.85 per hour effective January 1, 2009. The living wage will be adjusted upward each year, by an amount corresponding to the previous year's increase, if any, in the consumer price index for the western region for urban wage earners and clerical workers. For workers who normally receive more than $100 per month in tips or commissions, any tips or commissions received and retained by a worker shall be counted as wages and credited towards satisfying the minimum wage provided that, for tipped workers, all tips received by such workers are retained by the workers, except that the pooling of tips among workers is permitted. The value of health care benefits and child care shall be considered as an element of wages.
[Editors Note] A living wage ordinance was passed in the City of Richmond requiring businesses awarded city contracts in excess of $25,000 and who are recipients of at least $100,000 in public subsidies, or have leases with the city and revenues over $350,000 must pay employees a living wage rate of $11.42 per hour if benefits are provided and $12.92 an hour if benefits are not provided. The current living wage rate for Berkeley is $11.04 per hour if benefits are provided and $12.87 per hour if benefits are not provided.
[Editors Note:] Effective June 30, 2007, the living wage rate for the city of Berkely is set at $11.77 per hour if the employer contributes a minimum of $1.96 toward employee medical benefit plan and $13.73 when the employer does not contribute the required minimum to a medical benefit plan.
[Editors Note] Current living wage rates for Port Hueneme is $11.85 per hour if health benefits are not provided by the employer, and $9.35 per hour if health benefits are provided by the employer. The current living wage for Marin County is $9.50 per hour if health benefits are provided, and $10.75 per hour if health benefits are not provided.
[Editor's Note] The current living wage rates for the town of Fairfax is $13.47 per hour if employer provides benefits and $15.28 per hour if the employer does not provide benefits.
[Editors Note] Effective July 1, 2006, the new living wage rate for Santa Cruz and Watsonville are set at $12.43 per hour if the employer provides benefits and $13.65 per hour if no benefits are provided. The new living wage rate set for Los Angeles is $9.39 per hour with benefits and $10.64 if no benefits are provided.
[Editor's note:] The new living wage rate for the City of Petaluma is $11.70 per hour if employer provides employees with health insurance benefits and $13.20 per hour if no benefits are provided.
[Editor's note:] Effective July 1, 2008, the living wage rate for the City of Los Angeles is $10.00 per hour with health benefits, or $11.25 per hour without benefits. Effective June 30, 2008, if an employer pays at least $2.01 per hour per employee towards an employee medical benefits plan, the employer must pay employees an hourly wage of not less than $12.11. If the employer does not provide the employees with such a medical benefit plan, the employer must pay employees an hourly wage of not less than $14.12. Effective until July 1, 2009, employees of private sector contractors/employers who enter into a service contract with the City of Santa Cruz for $10,000 or more must be paid a living wage of $13.08 per hour with benefits, and $14.26 per hour without benefits. Certain contractors and subcontractors with the County of Marin must pay employees a living wage for services financed by county funds for the time those employees are engaged in providing services to the county. The rates, effective July 1, 2008, are $10.05 per hour with health benefits of at least $1.50 per hour, and $11.55 per hour without health benefits. Employees of contractors for specified private sector services, or any employee of a
subcontractor while employed in providing service to the City of Watsonville pursuant to a contract for specified private sector services or related subcontract must be paid a living wage of $13.08 per hour with benefits, or $14.26 per hour without benefits, effective July 1, 2008.
whose contribution for such benefits is at least $1.60 for each hour of work must pay a covered employee a minimum wage rate of $10.65 per hour. If health benefits are not provided or are provided and the contribution is less than $1.60 per hour of work, the minimum wage rate is $12.25 per hour.
Colorado
The state of Colorado has no minimum wage law, however section 8-6-106 allows the director to determine minimum wages sufficient for living wages for specific industries via wage orders.Sec. 15. State minimum wage rate; Annual increases to be tied to inflation; Wage offset for “tipped” employees.—Effective January 1, 2013, minimum wage rate in the state of Colorado is $7.78 per hour, with a minimum wage for employees who receive tips set at $4.76 per hour and shall be adjusted annually for inflation, as measured by the Consumer Price Index used for Colorado. This minimum wage shall be paid to employees who receive the state or federal minimum wage. No more than $3.02 per hour in tip income may be used to offset the minimum wage of employees who regularly receive tips.
Wage Order #28 Colorado Minimum Wage Order Number 28 establishes a Colorado state minimum wage pursuant to the requirements of Article XVIII, Section 15, of the Colorado Constitution. In addition to state minimum wage requirements, there are also federal minimum wage requirements. If an employee is covered by both state and federal minimum wage laws, the law which provides a higher minimum wage or sets a higher standard shall apply. For information on federal minimum wage law, contact the U.S. Department of Labor. 2013 Colorado State Minimum Wage: Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution ,if either of the following two situations applies to an employee, then the employee is entitled to the $7.78 state minimum wage or the $4.76 state tipped employee minimum wage, effective January 1, 2013:1. The employee is covered by the minimum wage provisions of Colorado Minimum Wage Order Number 28.2. The employee is covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions and exemptions may apply; contact the Colorado Division of Labor for additional information. The Colorado Division of Labor accepts complaints for minimum wage violations involving employees who receive the state or federal minimum wage. Table of Contents:Section1. Coverage2. Definitions3. Minimum Wage and Allowable Credits4. Overtime Hours5. Exemptions from the Wage Order6. Exemptions from Overtime 7. Meal Periods8. Rest Periods9. Legal Deductions10. Presents, Tips, or Gratuities11. Wearing of Uniforms12. Record Keeping13. Administration and Interpretation14. Separability Clause15. Filing of Complaints16. Investigations17. Enforcement18. Recovery of Wages19. Reprisals20. Violations21. Posting Requirements22. Dual Jurisdiction1. Coverage: This Colorado Minimum Wage Order Number 28 regulates wages, hours, working conditions and procedures for certain employers and employees for work performed within the boundaries of the state of Colorado in the following industries:(A) Retail and Service (C) Food and Beverage(B) Commercial Support Service (D) Health and Medical2.
Definitions:(A) Retail and Service: any business or enterprise that sells or offers for sale, any service, commodity, article, good, real estate, wares, or merchandise to the consuming public, and that generates50% or more of its annual dollar volume of business from such sales. The retail and service industry offers goods or services that will not be made available for resale. It also includes amusement and recreation, public accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel.(B) Commercial Support Service: any business or enterprise engaged directly or indirectly in providing services to other commercial firms through the use of service employees who perform duties such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or plant maintenance, parking attendants, equipment operations, landscaping and grounds maintenance. Commercial support service also includes temporary help firms which provide employees to any business or enterprise covered by this wage order. Any employee, including office personnel, engaged in the performance of work connected with or incidental to such business or enterprise, is covered by the provisions of this wage order.(C) Food and Beverage: any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel.(D) Health and Medical: any business or enterprise engaged in providing medical, dental, surgical or other health services including but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel Director: the director of the division of labor. Division: the division of labor in the Colorado Department of Labor and Employment. Emancipated Minor: any individual less than eighteen years of age who: a) has the sole or primary responsibility for his or her own support .b) is married and living away from parents or guardian. c) is able to show that his or her well-being is substantially dependent upon being gainfully employed. Emergency: an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations. Employee: any person performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed.
For the purpose of this order, an individual primarily free from control and direction in the performance of contracted labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee. Employer: every person, firm, partnership, association, corporation, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above-mentioned classes, employing any person in Colorado, except that the provisions of this order shall not apply to state, federal and municipal governments or political sub-divisions thereof, including; cities, counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or special districts organized and existing under the laws of Colorado. Full Time Employee: for the purpose of the exemption described in section 5(b) of this wage order, a fulltime employee is one who performs work for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate of pay shall include all compensation paid to employees including the set hourly rate, shift differential, minimum wage tip credit, non-discretionary bonuses, production bonuses, and commissions used for the purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from the regular rate of pay. Time Worked: the time during which an employee is subject to the control of an employer, including all the time the employee is suffered or permitted to work whether or not required to do so. Requiring or permitting employees to remain at the place of employment awaiting a decision on job assignment or when to begin work or to perform clean up or other duties “off the clock” shall be considered time worked and said time must be compensated .a) Travel Time: all travel time spent at the control or direction of an employer, excluding normal home to work travel, shall be considered as time worked. b) Sleep Time: where an employee’s tour of duty is 24 hours or longer, up to 8 hours of sleeping time can be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time exists; and (2) adequate sleeping facilities for an uninterrupted night’s sleep are provided; and (3) at least five hours of sleep are possible during the scheduled sleeping periods; and (4) interruptions to perform duties are considered time worked. When said employee’s tour of duty is less than 24 hours, periods during which the employee is permitted to sleep are compensable work time, as long as the employee is on duty and must work when required. Only actual sleep time may be excluded up to a maximum of eight (8) hours per work day. When work related interruptions prevent five(5) hours of sleep, the employee shall be compensated for the entire work day. Tipped Employee: any employee engaged in an occupation in which he or she customarily and regularly receives more than $30.00 a month in tips. Tips include amounts designated as a “tip” by credit card customers on their charge slips. Nothing herein contained shall prevent an employer covered hereby from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees of said business who customarily and regularly receive tips. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in section 3(c).Wages or Compensation: all amounts due employees for labor or service; whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same, or whether the labor or service is performed under contract, subcontract,
partnership, sub-partnership, station plan, or other agreement, provided that the labor or service is performed personally by the person demanding payment. Workday: any consecutive twenty-four (24) hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift: the hours an employee is normally scheduled to work within a work day. Workweek: any consecutive seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven (7) consecutive twenty-four (24)hour periods.3. Minimum Wage and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $7.78 effective January 1, 2013, less any applicable lawful credits for all hours worked. Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed $25.00 per week)furnished by the employer and used by the employee may be considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed before deductions are permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at least $4.62 per hour if they claim a tip credit against their minimum hourly wage
obligation. If an employee’s tips combined with the employer’s cash wage of at least $4.76 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages.
Exception: employees whose physical disability has been certified by the director to significantly impair such disabled employee’s ability to perform the duties involved in the employment, and unemancipated minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits, for all hours worked.4. Overtime Hours: Overtime Rate: employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2) twelve (12) hours per workday, or (3) twelve (12)consecutive hours without regard to the starting and
ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages. Hours worked in two or more work weeks shall not be averaged for computation of overtime. Performance of work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12)
consecutive hours will not alter the employee’s established workday or workweek, as previously defined. Exception: in the event of a bona fide emergency situation, an employer may require minors ,subject to the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and one-half the regular rate of pay for all hours worked in excess of eight(8) hours in any twenty-four (24) hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the greater payment of wages. The employer shall keep specific records to substantiate the existence of a bona fide emergency. Note: a person under eighteen (18) years of age who has received a high school diploma or a passing grade on a General Education Development (GED) examination, is not considered aminor.5. Exemptions from the Wage Order: The following employees or occupations, as defined below, are exempt from all provisions of Minimum Wage Order No. 28: administrative, executive/supervisor, professional, outside sales employees, and elected officials and members of their staff. Other exemptions are: companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. Said employee regularly exercises independent judgment and discretion in matters of significance and their primary duty is non-manual in nature and directly related to management policies or general business operations .b) Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage for all hours worked in a workweek. Said employee must supervise the work of at least two full-time employees and have the authority to hire and fire, or to effectively recommend such action. The
executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. The professional employee must be employed in the field in which they are trained to be considered a professional employee. Note: the requirement that a
professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside Salesperson: any person employed primarily away from the employer’s place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities ,articles, goods, real estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of the workweek in activities directly related to their own outside sales.6. Exemptions from Overtime: The following employees are exempt from the overtime provisions of Minimum Wage Order No. 28:a) Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales
Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50% of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage. This exemption is only applicable for employees of retail or service employers who receive in excess of 75% of their annual dollar volume from retail or service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. d) Medical Transportation Exemption: employees of the medical transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from the twelve (12) hour overtime requirement provided they receive overtime wages for hours worked in excess of forty (40) hours per work week. Note: a hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the
provisions of the Federal Fair Labor Standards Act “8 and 80 rule”, whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen (14) consecutive day period and for any work in excess of eight (8) hours per day.7. Meal Periods: Employees shall be entitled to an uninterrupted and “duty free” meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an “on-duty” meal while performing duties. Employees shall be permitted to fully consume a meal of choice “on
the job” and be fully compensated for the “on-duty” meal period without any loss of time or
compensation.8. Rest Periods: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4)hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period.9. Legal Deductions: No employer shall make a deduction from the wages or compensation of an employee in violation of the Colorado Wage Act, § 8-4-105, C.R.S. (2011).10. Presents, Tips, or Gratuities: It shall be unlawful to deny presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, § 8-4-103(6), C.R.S. (2011). 11. Wearing of
Uniforms: Where the wearing of a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the employer is plain and washable and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An employer may require a reasonable deposit (up to one-half of actual cost) as security for the return of each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The entire deposit shall be returned to the employee when the uniform is returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee’s wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary white or any light colored plain and washable uniform need not be furnished by the employer unless a special color, make, pattern, logo or material is required. 12. Record Keeping. Every employer shall keep at the place of employment or at the employer’s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: a) name, address, social security number, occupation and date of hire of said employee .b) date of birth, if the employee is under eighteen (18) years of age .c) daily record of all hours worked. d) record of allowable credits and declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period. An itemized earnings statement of this information shall be provided to each employee each pay period. Such records shall be kept on file at least two years from date of entry.13. Administration and Interpretation: The division of labor shall have jurisdiction over all questions of fact arising with respect to the administration and interpretation of this order.14. Separability Clause: If any section, sentence, clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the order.15. Filing of Complaints: Any person may register with the division, a written complaint that alleges a violation of the Minimum Wage Order within two (2) years of said violation(s).16. Investigations: The director or designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage rate and other alleged violations of this wage order, pursuant to this article and the Colorado Wage Act § 8-4-101 C.R.S. et seq.17. Enforcement: The director has the power, in person or through any authorized representative, to inspect, examine and make excerpts from any book, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages, and to require from any such employer full and true statement of the wages paid.18. Recovery of Wages: An employee paid less than the legal minimum wage is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of the suit, pursuant to § 8-6-118C.R.S.19. Reprisals: Employers shall not threaten, coerce, or discharge any employee because of participation in anyinvestigation or hearing relating to the minimum wage act. Violators may be subject to a fine of not less than two hundred dollars ($200.00), up to one thousand dollars ($1,000.00) for each violation, pursuant to§ 8-6-115 C.R.S.20.
Minimum wage order #29 Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution, if either of the following two situations applies to an employee, then the employee is entitled to the $7.78 state minimum wage or the $4.76 state tipped employee minimum wage, effective January 1, 2013: 1. The employee is covered by the minimum wage provisions of Colorado Minimum Wage Order Number 29. 2. The employee is covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions and exemptions may apply; contact the Colorado Division of Labor for additional information. The Colorado Division of Labor accepts
complaints for minimum wage violations involving employees who receive the state or federal minimum wage. 1. Coverage: This Colorado Minimum Wage Order Number 29 regulates wages, hours, working conditions and procedures for certain employers and employees for work performed within the
boundaries of the state of Colorado in the following industries: Retail and Service Commercial Support Service; Food and Beverage; Health and Medical. 2. Definitions: (A) Retail and Service: any business or enterprise that sells or offers for sale, any service, commodity, article, good, real estate, wares, or merchandise to the consuming public, and that generates 50% or more of its annual dollar volume of business from such sales. The retail and service industry offers goods or services that will not be made available for resale. It also includes amusement and recreation, public accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. (B) Commercial Support Service: any business or enterprise engaged directly or indirectly in providing services to other commercial firms through the use of service employees who perform duties such as: clerical,
keypunching, janitorial, laundry or dry cleaning, security, building or plant maintenance, parking attendants, equipment operations, landscaping and grounds maintenance. Commercial support service also includes temporary help firms which provide employees to any business or enterprise covered by
this wage order. Any employee, including office personnel, engaged in the performance of work connected with or incidental to such business or enterprise, is covered by the provisions of this wage order. (C) Food and Beverage: any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. (D) Health and Medical: any business or enterprise engaged in providing medical, dental, surgical or other health services including but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. Director: the director of the division of labor. Division: the division of labor in the Colorado Department of Labor and Employment. Emancipated Minor: any individual less than eighteen years of age who: a) has the sole or primary responsibility for his or her own support. b) is married and living away from parents or guardian. c) is able to show that his or her well-being is substantially dependent upon being gainfully employed. Emergency: an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations. Employee: any person
performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed. For the purpose of this order, an individual primarily free from control and direction in the performance of contracted labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee. Employer: every person, firm, partnership, association, corporation, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above-mentioned classes, employing any person in Colorado, except that the provisions of this order shall not apply to state, federal and municipal governments or political sub-divisions thereof, including; cities, counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or special districts organized and existing under the laws of Colorado. Full Time Employee: for the purpose of the exemption described in section 5(b) of this wage order, a full time employee is one who performs work for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate of pay shall include all compensation paid to employees including the set hourly rate, shift differential, minimum wage tip credit, non-discretionary bonuses, production bonuses, and commissions used for the purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses, bonafide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from the regular rate of pay. Time Worked: the time during which an employee is subject to the control of an employer, including all the time the employee is suffered or permitted to work whether or not required to do so. Requiring or permitting employees to remain at the place of employment awaiting a decision on job assignment or when to begin work or to perform clean up or other duties “off the clock” shall be considered time worked and said time must be compensated. a) Travel Time: all travel time spent at the control or direction of an employer, excluding normal home to work travel, shall be considered as time worked. b) Sleep Time: where an employee’s tour of duty is 24 hours or longer, up to 8 hours of sleeping time can be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time exists; and (2) adequate sleeping facilities for an uninterrupted night’s sleep are provided; and (3) at least five hours of sleep are possible during the scheduled sleeping periods; and (4) interruptions to perform duties are considered time worked. When said employee’s tour of duty is less than 24 hours, periods during which the employee is permitted to sleep are compensable work time, as long as the employee is on duty and must work when required. Only actual sleep time may be excluded up to a maximum of eight (8) hours per work day. When work related interruptions prevent five (5) hours of sleep, the employee shall be compensated for the entire work day. Tipped Employee: any employee engaged in an occupation in which he or she customarily and regularly receives more than $30.00 a month in tips. Tips include amounts designated as a “tip” by credit card customers on their charge slips. Nothing herein contained shall prevent an employer covered hereby from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees of said business who customarily and regularly receive tips. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in section 3(c). Wages or Compensation: all amounts due employees for labor or service; whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same, or whether the labor or service is performed under contract, subcontract, partnership, subpartnership, station plan, or other agreement, provided that the labor or service is performed personally by the person demanding payment. Workday: any consecutive twenty-four (24) hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift: the hours an employee is normally scheduled to work within a work day. Workweek: any consecutive seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven (7) consecutive twenty-four (24) hour periods. 3.
Minimum Wage and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $7.78 effective January 1, 2013, less any applicable lawful credits for all hours worked. Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed $25.00 per week) furnished by the employer and used by the employee may be considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed before deductions are permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at least $4.76 per hour if they claim a tip credit against their minimum hourly wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $4.76 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages. Exception: employees whose physical disability has been certified by the director to significantly impair such disabled employee’s ability to perform the duties involved in the employment, and unemancipated minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits, for all hours worked. 4. Overtime Hours: Overtime Rate: employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2) twelve (12) hours per workday, or (3) twelve (12) consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages. Hours worked in two or more workweeks shall not be averaged for computation of overtime. Performance of work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12) consecutive hours will not alter the employee’s established workday or workweek, as previously defined. Exception: in the event of a bonafide emergency situation, an employer may require minors, subject to the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and one-half the regular rate of pay for all hours worked in excess of eight (8) hours in any twenty-four (24) hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the greater payment of wages. The employer shall keep specific records to
substantiate the existence of a bonafide emergency. Note: a person under eighteen (18) years of age who has received a high school diploma or a passing grade on a General Education Development (GED) examination, is not considered a minor. 5. Exemptions from the Wage Order: The following employees or occupations, as defined below, are exempt from all provisions of Minimum Wage Order No. 29: administrative, executive/supervisor, professional, outside sales employees, and elected officials and members of their staff. Other exemptions are: companions, casual babysitters, and domestic
employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. Said employee regularly exercises independent judgment and discretion in matters of significance and their primary duty is non-manual in nature and directly related to
management policies or general business operations. b) Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage for all hours worked in a workweek. Said employee must supervise the work of at least two full-time employees and have the authority to hire and fire, or to effectively recommend such action. The executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. The professional employee must be employed in the field in which they are trained to be considered a professional employee. Note: the requirement that a professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and employees in highly technical computer
occupations earning at least $27.63 per hour. d) Outside Salesperson: any person employed primarily away from the employer’s place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of the workweek in activities directly related to their own outside sales. 6. Exemptions from Overtime: The following employees are exempt from the overtime provisions of Minimum Wage Order No. 29: a) Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50% of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage. This exemption is only applicable for employees of retail or service employers who
receive in excess of 75% of their annual dollar volume from retail or service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. d) Medical Transportation Exemption: employees of the medical transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from the twelve (12) hour overtime requirement provided they receive overtime wages for hours worked in excess of forty (40) hours per work week. Note: a hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the Federal Fair Labor Standards Act “8 and 80 rule”, whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen (14) consecutive day period and for any work in excess of eight (8) hours per day. 7. Meal Periods: Employees shall be entitled to an uninterrupted and “duty free” meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an “on-duty” meal while performing duties. Employees shall be permitted to fully consume a meal of choice “on the job” and be fully compensated for the “on-duty” meal period without any loss of time or compensation. 8. Rest Periods: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period. 9. Legal Deductions: No employer shall make a deduction from the wages or compensation of an employee in violation of the Colorado Wage Act, § 8-4-105, C.R.S. (2012). 10. Presents, Tips, or Gratuities: It shall be unlawful to deny presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, § 8-4-103(6), C.R.S. (2012). 11. Wearing of Uniforms: Where the wearing of a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the employer is plain and washable and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An employer may require a reasonable deposit (up to one-half of actual cost) as security for the return of each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The entire deposit shall be returned to the employee when the uniform is returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee’s wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary white or any light colored plain and washable uniform need not be furnished by the employer unless a special color, make, pattern, logo or material is required. 12. Record Keeping: Every employer shall keep at the place of employment or at the employer’s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: a) name, address, social security number, occupation and date of hire of said employee. b) date of birth, if the employee is under eighteen (18) years of age. c) daily record of all hours worked. d) record of allowable credits and declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period. An itemized earnings statement of this information shall be provided to each employee each pay period. Such records shall be kept on file at least two years from date of entry. 13. Administration and Interpretation: The division of labor shall have jurisdiction over all questions of fact arising with respect to the administration and interpretation of this order. 14. Separability Clause: If any section, sentence, clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the order. 15. Filing of Complaints: Any person may register with the division, a written complaint that alleges a violation of the Minimum Wage Order within two (2) years of said violation(s). 16. Investigations: The director or designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage rate and other alleged violations of this wage order, pursuant to this article and the Colorado Wage Act § 8-4-101 C.R.S. et seq. 17. Enforcement: The director has the power, in person or through any authorized representative, to inspect, examine and make excerpts from any book, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages, and to require from any such employer full and true statement of the wages paid. 18. Recovery of Wages: An employee paid less than the legal minimum wage is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of the suit, pursuant to § 8-6-118 C.R.S. 19. Reprisals: Employers shall not threaten, coerce, or discharge any employee because of participation in any investigation or hearing relating to the minimum wage act. Violators may be subject to a fine of not less than two hundred dollars ($200.00), up to one thousand dollars ($1,000.00) for each violation, pursuant to § 8-6-115 C.R.S. 20. Violations: Any employer or other person who individually or as an officer, agent or employee of a corporation or other person, pays or causes to be paid an employee covered by this wage order less than the minimum wage, is guilty of a misdemeanor. Conviction thereof will subject the offender to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not
