Starting January 1, 2022, Colorado agricultural employers must pay their workers minimum and overtime wages under the Colorado Wage Act, and comply with the Colorado Labor Peace Act (“LPA”).
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On May 25, 2020, the Colorado Department of Labor and Employment (“CDLE”) issued the final Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36.
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Colorado employers should prepare for an increase in the state minimum wage from $11.10 to $12.00 per hour, and from $8.08 to $8.98 per hour for tipped employees, effective January 1, 2020. The 2020 increase is the final currently-planned wage increase under Amendment 70 of the Colorado Constitution. After 2020, the state minimum wage will be adjusted annually for cost of living increases.
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The Colorado Court of Appeals recently held that an employer’s refusal to pay a terminated employee’s accrued but unused vacation time did not violate the Colorado Wage Claim Act (“CWCA”).
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Colorado Governor Jared Polis signed a law that classifies an employer’s failure to pay wages as “theft,” making it a criminal offense. Under the new law, which takes effect on January 1, 2020, any employer who willfully refuses to pay wages, or intentionally and falsely denies the amount or validity of a wage claim, commits criminal theft….
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The Colorado Supreme Court has ruled that the Colorado Wage Act’s (the “Wage Act”) two- and three-year statutes of limitations do apply to claims brought by employees to recover unpaid wages and compensation upon termination. In Hernandez v. Ray Domenico Farms, Inc., several hourly agricultural workers sued their former employer for allegedly unpaid wages going back over the entire period of their employment (which in some cases spanned more than 20 years). The Supreme Court held as follows:
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