Colorado Minimum Wage Laws




Minimum wage

Colorado’s current minimum wage is $8.31. Colorado Minimum Wage Order Number 32

Colorado Constitution Article XVIII, Section 15, requires that the state’s minimum wage be increased annually for inflation. The inflation adjustment is based on changes in the Consumer Price Index for All Urban Consumers (CPI-U), All Items, for the Denver-Boulder-Greeley combined metropolitan statistical area as published by the United States Bureau of Labor Statistics (BLS). The changes to the minimum wage based on the cost of living adjustment will take affect on January 1 of each year. CO Constitution, Art. XVIII, Section 15; CO Dept. of Labor and Employment – Minimum Wage



Tip minimum wage

Colorado’s current minimum wage for tipped employees is $5.21. Colorado Minimum Wage Order Number 32. In addition to paying this wage, employers must ensure that tipped employees are paid the regular minimum wage rate of $8.23 when the tipped wage rate is combined with tips received. CDLE (2013) If the tipped wage plus tips does not meet the regular minimum wage threshold, the employer is required to make up the difference.

Employees are eligible to be paid the tipped minimum wage if they regularly receive $30 in tips per month. CO Constitution Art. XVIII, Section 15; CO Statute 8-6-106; CO Reg. 7 CCR 1103-1(2). If an employer deducts credit card fees from tips paid for by customers via credit cards, the employer may not pay employees the tipped minimum wage. CO Reg. 7 CCR 1103-1(2).



Typically, tips are considered the property of the employee(s) that receive them and the employer cannot exert ownership or control over them. However, Colorado law allows an employer to claim ownership or control over tips or gratuities if it provides proper notice to the general public. An employer provides proper notice if it posts a printed card that is 12 inches by 15 inches in size in conspicuous location that states that tips are the property of the employer and not the employee. CO Statute 8-4-103(6); CO Dept. of Labor & Employment: Tipped Employees.



Tip pooling and sharing

Colorado wage law allows employers to require their employees to pool and share tips with other employees. CO Statute 8-4-103(6) However, if an employer allows employees that do not customarily and regularly receive tips to participate in the tip pool, it may not pay employees the tipped minimum wage. CO Reg. 7 CCR 1103-1(2).



Subminimum wage

Employees with disabilities

Colorado minimum wage laws allow employers to pay employees who have been certified by the Colorado Department of Labor & Employment as being less efficient due to a physically disability a subminimum wage rate that is not less 15% below the standard minimum wage, less any applicable lawful credits. CO Statute 8-6-108.5(2).CDLE (2013)



Trainees

Colorado laws do not allow employees to pay trainees a wage rate below the regular standard wage. Employers must pay trainees the standard minimum wage rate, unless otherwise exempt.



Apprentices

Colorado laws do not allow employees to pay trainees a wage rate below the standard minimum wage. Employers must pay trainees the standard minimum wage rate, unless otherwise exempt.



Learners

Colorado minimum wage laws do not allow employers to pay learners less than the standard minimum wage. Employers must pay trainees the standard minimum wage rate, unless otherwise exempt.



Student learners

Colorado minimum wage laws do not allow employers to pay student learners less than the standard minimum wage. Employers must pay trainees the standard minimum wage rate, unless otherwise exempt.



Student workers

Colorado minimum wage laws do not allow employers to pay student workers less than the standard minimum wage. Employers must pay trainees the standard minimum wage rate, unless otherwise exempt.