Labor & Employment Law Updates
A proposed rule of the U.S. Department of Labor’s Wage and Hour Division to raise the minimum wage for workers of federal contractors to $15.00 per hour from the current $10.95 could cause confusion for federal contractors already paying more than that.
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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 June 24, 2020, the Department of Labor (the “DOL”) issued a Field Assistance Bulletin providing that effective July 1, 2020, the DOL will no longer pursue pre-litigation liquidated damages in all cases in its administratively resolved investigations.
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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 U.S. Court of Appeals for the Tenth Circuit recently held that employers engaged in commercial cannabis activities must comply with wage and hour requirements under the Fair Labor Standards Act (“FLSA”).
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The U.S. Department of Labor (DOL) announced a proposed tip-pooling rule that would give certain employers more flexibility in distributing pooled tips. Under the proposed rule, employers who do not take a tip credit and pay employees the full minimum wage may include employees who are not customarily and regularly tipped employees, such as back-of-house employees like dishwashers and cooks, in a mandatory tip pool.
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California employers must compensate employees for all regularly occurring but difficult to track, pre-shift and post-shift tasks that take just a few minutes to complete, under a recent Ninth Circuit Court of Appeals decision.
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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 Democrat-controlled Colorado General Assembly has introduced a bill that would allow cities to set their own minimum wages. Colorado law currently prohibits municipalities from setting minimum wages higher than the state rate (currently $11.10 an hour, with an increase to $12.00 an hour in 2020).
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As we approach the end of the year, employers should be aware that minimum wages are set to increase in twenty-one states in 2019. The following table, which supplements The Rocky Mountain Employer’s post earlier this year, sets forth the upcoming 2019 increases in minimum wages and tipped employee minimum wages.
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Two bills with potentially wide-reaching effects on Colorado employers did not survive the recently-closed legislative session.
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