Colorado DOL seeks comment on revising minimum wage order
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Tuesday, March 19, 2019

Colorado DOL seeks comment on revising minimum wage order

By Payroll and Entitlements Editorial Staff

The Division of Labor Standards and Statistics today announced that it is seeking public comment on revising portions of the Colorado Minimum Wage Order regulation, 7 CCR 1103-1.

The wage order not only regulates wages but also hours, working conditions and procedures for certain employers and the Division of Labor Standards and Statistics, which is a part of the Colorado Department of Labor and Employment, would like to receive input from Coloradans on three specific topics.

  1. Industry Coverage: The Colorado Minimum Wage Order 35 regulates only four industries: (1) Retail and Service; (2) Food and Beverage; (3) Commercial Support Service and (4) Health and Medical. Should Colorado expand the categories of covered employees in Section 1 of the Minimum Wage Order?
  2. Employee Coverage: Section 5 of the Colorado Minimum Wage Order exempts employees in a variety of occupations. Should Colorado implement a minimum wage specifically for those exempted employees and, if so, what should that minimum salary be?
  3. Your Comments: Are there other changes to Colorado Minimum Wage Order 35 that should be given consideration?

The deadline for written comments is Friday, August 16, 2019. Comments should be submitted to the Division’s Rule Coordinator Michael Primo at [email protected] (include “Minimum Wage Order” on the subject line). All written comments will be publicly available on the Division’s website.

In addition to collecting written comments, the Division will likely also convene meetings with stakeholders to learn first-hand about the issues and concerns surrounding Colorado’s Minimum Wage Order. Each of these meetings will be an opportunity for community voices to be heard, for people to get involved in the conversation and for questions to be raised.

The information extracted from the written comments public meetings will help focus the Division’s work in developing the formal rulemaking process for the Minimum Wage Order, pursuant to the State Administrative Procedure Act, C.R.S. §24-4-101, et seq.

While the tentative schedule to begin rulemaking on or before November 15, 2019, the Division will remain flexible meeting that deadline. In determining the impact of changes to the Minimum Wage Order on various industries, the Division may discover it must convene more listening sessions than originally planned. Research may also be needed and perhaps a meeting with members of the Executive Branch prior to formal rulemaking.

“In this initial stage, we need to hear what is on people’s minds with regard to Colorado’s Minimum Wage Order,” says Department of Labor and Employment Executive Director Joe Barela. “Providing feedback starts an important dialogue that is vital in moving forward.” (Colorado Department of Labor and Employment, News Release, March 6, 2019.).

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