On the same date, the Colorado minimum wage for tipped employees will also increase 12 cents, from $4.22 to $4.34 per hour. Under Colorado law, employers can take a maximum tip credit against the minimum wage of $3.02 per hour. However, if the employee does not average at least $7.36 per hour in tips and wages combined, the employer must pay the difference as wages.
Colorado employers must update their labor law posters, including minimum wage posters. Employers are required to prominently display the posters in an area accessible by all employees.
Colorado is one of a dozen states that provide for an annual adjustment in the state minimum wage based upon the cost of living. On January 1, 2010 the state minimum wage actually decreased 4 cents per hour from $7.28 to $7.24. However, most employees were still entitled to the federal minimum wage of $7.25 per hour. The annual adjustment is base don the Consumer Price Index for All Urban Consumers in the Denver-Boulder-Greeley combined metro area. Colorado is one of the few states that permit a reduction in the minimum wage.
The Colorado minimum wage generally applies to private sector (non-government) employees in certain industries including: retail, service, food, beverage, health, medical and commercial support service. It does not apply to government employees or those in manufacturing, construction or the wholesale industry.
The statues provide myriad (more…)
Since 2001, workers in Colorado who have a “debilitiating medical condition” can use marijuana when it is “medically necessary” to treat a condition. It is frequently prescribed to alleviate nausea during chemotherapy, as well as for other conditions.
The 2001 law also took the enormous leap of assuming that possession of less than two ounces of marijuana, or possession of up to three flowering plants, was presumed to be lawful. However, medical marijuana users must register with the state and obtain a medical marijuana card issued by the Colorado Department of Public Health to legally use the controlled substance.
Still, that law does not require the employer to accommodate the use of medical marijuana in the workplace. The new laws further clarifiy that requirement, and allow an employer to discipline an employee who is under the influence under certain circumstances.
Effective June 10, 2010, a registered marijuana user cannot:
Perform any task under the influence of medical marijuana that would constitute negligence or professional malpractice
Drive, pilot a plane, or be in actual physical control (including operating or navigating) a motorboat, plane or vehicle while under the influence of medical marijuana
Use medical marijuana in a vehicle, plane or motorboat. (Apparently use in rowboats, canoes and kayaks is acceptable)
Use or possess medical marijuana on school grounds or on a school bus
Currently 14 states have laws that permit limited use of medical marijuana by a patient with a valid prescription for it. Those states include California, Alaska, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Several of the states have provided almost no guidance for employers on handling an employee whose off-duty consumption of cannabis creates performance or safety problems in the workplace.
The good news for employers is that most state minimum wages are holding steady in 2010. In January 2009, more than a dozen states increased their minimum wages. In 2010, only a few minimum wage changes are in effect.
The Kansas minimum wage increased from $2.65 to $7.25 on January 1, 2010. This is the first time in more than two decades that the Kansas minimum wage has increased. The change comes after more than a decade of efforts by Kansas Democrats. On December 31, 2009, Kansas had the lowest minimum wage of any state. Effective today, X states have lower minimum wages.
To be fair to Kansas, five states have no minimum wage whatsoever. They are Mississippi, Alabama, Louisiana, Tennessee and South Carolina.
In an unprecedented step, the Colorado minimum wage actually decreased by 4 cents from $7.28 per hour to $7.24 per hour today. Most employees in the state are still covered by the federal minimum wage of $7.25 per hour.
About a dozen states annually increase the minimum wage based on the cost of living. However, in most areas the cost of living has shown a decrease of 1% to 2%. While many state statutes prevent the minimum wage from being reduced, they have not been increased.
On January 1, 2010 the Colorado minimum wage will be reduced by 4 cents, from $7.28 per hour to $7.24 per hour. However, most Colorado employers will be required to pay $7.25 per hour under the federal minimum wage, the Fair Labor Standards Act.
The minimum wage for tipped employees will decrease from $4.26 per hour to $4.22 per hour according to the Colorado Division of Labor & Employment. If the employee does not average $3.02 per hour over the payroll week, the employer must pay the difference.
The Colorado minimum wage is adjusted annually for inflation. Unlike most states, however, when the cost of living goes down – as it has in the past year – the Colorado minimum wage can be reduced. While a variety of states including Washington, Oregon and Florida increase the minimum wage annually, there is no provision for the automatic reduction of minimum wage in most states.
Colorado employers need to update their state minimum wage posters immediately.
Although the Colorado minimum wage reduction is only 4 cents, it is far better than the annual increases of 20 cents or more in recent years. In 2009, for example, the Colorado minimum wage increased (more…)
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.
Because the prices of food and other commodities have risen dramatically, (more…)