Colorado Minimum Wage Order Poster Required

COLORADO	 MINIMUM WAGE ORDER	 3	5	 POSTER	  	
(Poster is effective January 1, 2020 through 	expected release of Colorado 	
Overtime and Minimum Pay Standards (COMPS) Order #36	 on  March 1 6, 2020)  	
 
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT	 	
DIVISION OF LABOR	 STANDARDS AND STATISTICS 	
www.colorado.gov/cdle/labor	 	 	
$	1	2.0	0	 	
per hour effective January 1, 2020	 	
$	11.1	0	 per hour effective January 1, 2019	 	$	10.20	 per hour effective January 1, 2018	 	
In addition to state minimum wage requirements, there are also federal minimum wage requirements. If  an employee is covered by  
both state and federal minimum wage laws, the law that  provides a higher minimum wage or sets  a higher standard shall apply.  	
 	
Amended Colorado Minimum Wage Order Number 3 5 r egulates wages, hours, overtime, and working conditions for covered 
employees in t he following industries:  Retail and Service; Commercial Supp ort Service; Food and Beverage; Health and Medical.  	
  	
MINIMUM WAGE 	 	Minimum wage shall be paid to all adult employees and emancipated minors whether employed on an hourly, 
piecework, commission, t ime, task, or other basis.	
 This minimum wage shall be paid to employees who receive 
the state or federal minimum wage.  	
 	
WORKDAY	    	Any consecutive twenty -four (24) hour  period starting with the same hour each day and the same hour as the 
beginning of the wo rkweek. The workday is set by the employer and may accommodate  flexible work shift scheduling.  	
 	
WORKWEEK	    	Any consecutive seven (7) day period starting with the same calendar day and hour each week.  A workweek is a fixed 
and recurring period of 168 hours , seven (7) consecutive twenty-four (24) hour periods.  	
 	
OVERTIME	    	Employees shall be paid time and one -half of the regular rate of pay for any work in excess of: (1) f orty (40) hours per 
workweek; (2) t welve (12) hours per workday; or (3) t welve (12) consecutive hours without regard to the starting and 
ending time of the workday (excluding duty free meal periods), whichever calculation results  in the greater payment of 
wages. Hours worked in two or more workweeks shall not be averaged for computation of overtime. Performance of 
work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate 
based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates f or 
each position, as provided in the Fair Labor Standards Act.  	
 	
TIPPED EMPLOYEE 	 	$8.98 per hour effective January 1, 2020	 	
MINIMUM WAGE   $8.08 per hour effective January 1, 2019	 	
    	$7.1 8 pe r hour effective January 1, 2018  
 
A tipped employee is defined as a ny employee engaged in an occupation in which he or she customarily and regularly 
receives more than $30.00 a month in tips. Tips include amounts designated as a "tip" by credit card customers on 
their charge slips. Nothing herein contained shall prevent an employer covered hereby from requiring employees to 
share or allocate such tips or gratuities on a pre -established basis among other employees of said business who 
customarily and regularly receive tips. Employer -required sharing of tips with employees who do not customarily and 
regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped 
employees, shall nullify allowable tip credits towards the minimum wage authorized in section 3(c).  No more tha n 
$3.02 per hour in tip income may be used to offset the minimum wage of tipped employees.  	
 	
REST PERIODS	  	Every employer shall authorize and permit rest periods, which insofar as practicable, shall be in the middle of each 
four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions 
thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is 
not necessary that the employee leave the premises for sai d rest period. 	
 	
MEAL PERIODS 	 	Employees shall be entitled to an uninterrupted and "duty free" meal period of at least a thirty minute duration 
when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely 
relieved o f all duties and permitted to pursue personal activities to qualify as a non -work, uncompensated period 
of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal 
period impractical, the employee shall b e permitted to consume an "on-duty" meal while performing duties. 
Employees shall be permitted to fully consume a meal of choice "on the job" and be fully compensated for the 
"on -duty" meal period without any loss of time or compensation.  	
 	
UNIFORMS	    	Where the wearing of a particular uniform or special apparel is a condition of employment, the employer shall pay the 
cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the 
employer is plain and washable  and does not need or require special care such as ironing, dry cleaning, pressing, etc., 
the employer need not maintain or pay for cleaning. An employer may require a reasonable deposit (up to one -half of 
actual cost) as security for the return of each un iform furnished to employees upon issuance of a receipt to the 
employee for such deposit. The entire deposit shall be returned to the employee when the uniform is returned. The cost 
of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee’s wages or deposit.  	
 	
RECOVERY OF WAGES 	An employee receiving less than the legal minimum wage applicable to such employee is entitled to recover in a civil 
action the unpaid balance of the full amount of such minimum wage, together with reasonable attorney fees and court 
costs, notwithstanding any agreement to work for a lesser wage, pu rsuant to C.R.S. § 8-6-118 (2020). Alternatively, an 
employee may elect to pursue a minimum wage complaint through the division’s administrative proce dure as described 
in the Colorado Wage Act, C.R.S.  § 8-4-101, et  seq., (2020).  	
 	
DUAL JURISDICTION	 	Whenever employers are subject to both f ederal and Colorado law, the law providing greater protection or setting the 
higher standard sha ll apply. For informat ion on f ederal law contact the nearest office of the U. S. Department of 
Labor, Wage and Hour D ivision, 1999 Broadway, Suite 710, Denver, CO 80201- 6550. Telephone (720) 264-3250. 	
 	
MUST BE POSTED IN AN AREA FREQUENTED BY EMPLOYEES WHERE IT MAY BE EASILY READ 	
 	
[email protected]  | 303- 318-8441  | 1-888- 390-7936