labor lawAdivision of labor law center

On January 1, 2009 the Colorado minimum wage increased to $7.28 per hour. The hike from $7.02 hourly represents a 26 cents per hour increase.  The new minimum wage tracks the region’s inflation rate.

According to the Colorado Department of Labor and Employment , the minimum wage must be annually adjusted for inflation. In the Denver-Boulder-Greeley area of Colorado, the Consumer Price Index (or CPI) showed an increase of 3.7%. As a result, the minimum wage showed a corresponding increase.

Tracking the inflation rate is part of Colorado law. Under Article XVIII, Section 15 of the Colorado Constitution, employers are required to adjust the pay of their minimum-wage employees every year to match the inflation rate. The law was last amended in 2006.

Donald J. Mares, Colorado’s Executive Director of Labor as well as the top officer of the Colorado Department of Labor and Employment, published the new minimum wage figures recently.

Because the prices of food and other commodities have risen dramatically, (more…)

A new Colorado law requires employers to make accommodations for nursing mothers in the workplace.

Under the new law, statute 8-13 5-104 CRS, both public and private employers must provide reasonable unpaid break time or permit an employee to use paid (more…)

The Colorado minimum wage will increase by 26 cents, from $7.02 to $7.28 per hour, effective January 1, 2009. The minimum wage for tipped employees in the state will also increase by 26 cents, from $4.00 to $4.26 per hour.

Under Article XVIII, Section 15 of the Colorado Constitution, as amended in 2006, the Colorado minimum wage is adjusted annual for inflation, as measured by the Consumer Price Index for Colorado. That law also increased the Colorado minimum wage to $6.85 per hour in 2007, and capped the tax credit employers can take for tipped workers at $3.02 per hour.

The Colorado minimum wage is adjusted for inflation each year (more…)

Colorado’s minimum wage increased to $7.02 on January 1, 2008, as a result of the Colorado Minimum Wage Order 24. The new minimum wage replaces the previous minimum of $6.85, which went into effect on January 1, 2007.

This new Colorado minimum wage doesn’t apply to all workers. Unlike other states with similar laws, Colorado’s minimum wage law applies only to retail and service industries, such as commercial support, health and medical industries and food and beverage industries.

Federal law requires an employee be paid overtime at 1.5 times the usual hourly rate for any time worked over 40 hours in a week. Most of the country is covered by this “overtime”. In Colorado, workers eligible under the minimum wage law are eligible for overtime after 40 hours a week, or for more than 12 hours in one day. Several states, like Colorado have state laws regarding overtime, but many do not. In those states, an employee is either covered by federal overtime law or isn’t covered at all.

Colorado has made several recent changes in its employment laws.

Colorado Statute 8-2-122 became law on January 1, 2007, and requires every employer to copy and maintain those copies of the worker’s identification documents for the federal I-9 form. Additionally, the employer must file a state affirmation within 20 days of hiring a new worker. In this affirmation the employer declares that he or she examined the worker’s identification documents and didn’t alter them in any way. It also states that the employer didn’t knowingly hire an illegal alien.

Colorado isn’t the only state enacting tough new immigration laws. Arizona, too, has established legislation regarding undocumented employees.

As of January 1, 2008, any Arizona employer who knowingly or willingly hires illegal aliens will face tougher sanctions. Rather than being fined, an employer can actually be shut down. The first violation of this law garners the business a 10 day suspension of its license. A second violation results in the employer permanently losing its business license.

Vermont, Missouri and New Mexico are among the fourteen states to raise their state minimum wages as of January 1, 2008. The increases in these fourteen states, however, are just the beginning of a year full of changes.

On the 1st of July, 2008, West Virginia, Illinois, Michigan, Kentucky and Pennsylvania will enact raises to their state minimum wages, too. Michigan and Illinois will each up its minimum by 25 cents per hour. Illinois’s rate will go from $7.50 to $7.75 and Michigan’s new rate will be $7.40 per hour.

Workers in Kentucky will receive a raise in minimum wage of $6.55 per hour, a bump of 70 cents from $5.85. A 70 cent raise will also be given to minimum wage employees in West Virginia resulting in a new rate of $7.25 per hour. Pennsylvania workers, however, will enjoy the biggest wage bump. On July 1, 2008, Pennsylvania’s minimum will jump a whopping 90 cents from $6.25 to $7.15 per hour.

Many states have their own minimum wage laws, and several tie the increases to their minimum rates to the increase in the federal minimum wage. On July 24, 2008, therefore, North Carolina, North Dakota and Indiana, among others will enact a rise in their minimum wage rates, too.

Minimum wage in the District of Columbia is also tied to the federal minimum wage. The D.C. law, however, requires its minimum to be at least $1.00 more than the federal rate. On July 24, 2008, therefore, D.C.’s minimum wage rate will become $7.55 per hour, exactly $1.00 greater

According to a suit filed by the EEOC, a Colorado Springs employer was an equal opportunity bigot. Professional Transit Management, doing business as Springs Transit, maintained a racially hostile workforce for employees of African American, Hispanic and Asian heritage. The company was ordered to pay $450,000 to be divided between 6 employees.

The EEOC claims that employees and supervisors routinely used ethnic slurs for African American, Asian and Hispanic employees. On one occasion, a worker commented that it should be legal to shoot men, women and children who are Mexican, African American or Chinese. The employee added, “If I had my way I’d gas them [referring to Black employees] like Hitler did the Jews.” According to papers filed in court, the management was aware of the abusive behavior and did nothing to stop it.

Other threats against minorities included references to “shooting” them, “killing” them and “gassing” them. Many of these remarks were made in front of supervisors who did nothing to stop them. This provoked the court to determine that the company was aware of the hostile environment, and did nothing to remedy the situation.

 “Race discrimination at work has been illegal in this country for over 40 years,” said EEOC District Director Chester Bailey. Bailey’s Phoenix District includes Colorado.  “Employees should know that they can file charges with the EEOC because of job discrimination.”

In addition to paying $450,000, Springs Transit is required to implement an equal employment opportunity training program for non-supervisory employees. The company must also implement an additional program for supervisors and for those in human resources at the firm. These steps will ensure that every employee in the company receives training.

Nancy A. Weeks, a trial attorney in the EEOC’s Denver Field Office, which brought the suit, said, “The egregiousness of the threats and racial and national origin harassment in this case is stunning. We are pleased that the minority employees at Springs Transit have been compensated in some way for the terrible treatment they endured.”

EEOC Attorney Mary Jo O’Neill, added: “The EEOC takes seriously its obligation to ensure that every employee works in an environment free of harassment and racially-based threats. We are pleased that Springs Transit will be implementing a training program for all of its employees to make sure that this type of hostile environment will not occur in the future.”

While many employers consider discrimination based on race a thing of the past, it is still prevalent in some workplaces. In 2006, the EEOC received 27,238 complaints alleging race-based discrimination, accounting for 36 percent of the agency’s complaints in the private sector.  Historically, race-based charges are the most frequent type of filing with EEOC offices nationwide.

Earlier this year, Quietflex Manufacturing Company, L.P. recently paid $2.8 million for discriminating against Hispanic employees. The lawsuit alleges that 78 Latino employees were discriminated against in the company’s transfer policies, and in pay.

Quietflex produces flexible air conditioning ducts and components. The company has repeatedly denied all wrongdoing in the case.

According to the suit, Hispanic employees at the company were denied higher-paying jobs in departments with better working conditions. After a work stoppage to protest the discrimination, the EEOC alleges that Quietflex illegally retaliated against the employees by terminating them. All the employees were rehired shortly afterward.

Under Title VII of the Civil Rights Act of 1964, it is illegal to deny any person employment due to race, color, sex, religion or national origin. That includes providing a work environment free from illegal harassment and different treatment based on race. In addition, Title VII recognizes that a company that creates an intolerable environment essentially forces the employee to resign. The law also makes it illegal to retaliate against someone because he or she has made a complaint of illegal discrimination.

All of the companies mentioned in this article deny any wrongdoing.