Date: 04/20/2015

Final
BILL SUMMARY for HB15-1331

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment G). The motion p
Refer House Bill 15-1331, as amended, to the Commi		Pass Without Objection
PASS



04:08 PM -- HB15-1331

Representative Tyler, prime sponsor, presented House Bill 15-1331. Under the bill, the director of the Colorado Division of Labor cannot exempt any salaried employees classified as administrative, executive, supervisor, or professional and who earn less than three times the weekly salary of a worker being paid the state minimum wage from Colorado's regulatory overtime requirements.

U.S. Department of Labor regulations require that all employees earning less than $455 per week ($11.38 per hour), or $23,600 per year, be automatically entitled to receive overtime pay. Employees earning more than that amount and meeting certain job duty tests are exempt from overtime requirements. However, if a state's law is more inclusive or generous to the employee than federal law, the state law will apply.

The bill requires that a salaried employee who meets one of the job duty classifications and earns a weekly pay between $455.60 ($11.39 per hour) and $987.60 ($24.69 per hour) must be entitled to receive overtime pay. Because the Colorado state minimum wage automatically adjusts for inflation, the top end of the range will change with inflation each year.


04:13 PM

Representative Tyler distributed and discussed several productivity and hourly earnings charts (Attachment C). He responded to questions from the committee.

15HouseState0420AttachC.pdf15HouseState0420AttachC.pdf

04:28 PM

Discussion continued with Representative Tyler about the bill.

04:35 PM -- Sonia Riggs, representing the Colorado Restaurant Association and the Colorado Hotel and Lodging Association, testified in opposition to the bill. Ms. Riggs discussed the economic effect of the bill on the hospitality industry. She stated that many small businesses do not have the ability to absorb increased costs. She expressed her opinion that the bill would lead to businesses eliminating salaried positions and replacing them with part-time, hourly employees. She responded to questions from the committee.

04:45 PM -- Leah Curtsinger, representing the Colorado Association of Commerce and Industry, the Colorado Competitive Council, the Denver Metro Chamber of Commerce, and the Colorado Women's Chamber of Commerce, testified in opposition to the bill. Ms. Curtsinger distributed and discussed a fact sheet about the bill (Attachment D). She expressed her opinion that the committee should wait to pass the bill at a later time. She responded to questions from the committee.

15HouseState0420AttachD.pdf15HouseState0420AttachD.pdf

04:59 PM -- Carey Mott, representing himself, testified in support of the bill. Mr. Mott discussed the economic benefits of the bill for workers and suggested amendments that would help the bill create new jobs.

05:03 PM -- Phil Hayes, representing the Colorado AFL-CIO, testified in support of the bill. Mr. Hayes provided a number of statistics about the earning power of the middle class in the United States. He spoke about increases in productivity, the median wage, and growing the economy. He stated that overtime salary thresholds have not been adjusted for inflation since the 1970s. He responded to questions from the committee.

05:07 PM -- Lauren Martens, representing the Service Employees International Union, testified in support of the bill. Mr. Martens distributed and discussed a chart addressing gross domestic product growth disconnect from household income (Attachment E). He spoke about the types of jobs that are exempt from being paid overtime. He attempted to refute the argument posed by opposition witnesses that the bill will hurt the individuals it is intended to help. He expressed his opinion that the bill will stimulate the economy by giving the middle class more spending power.

15HouseState0420AttachE.pdf15HouseState0420AttachE.pdf

05:13 PM -- Linda Meric, representing 9 to 5, testified in support of the bill. Ms. Meric reiterated Mr. Hayes' testimony and expressed her opinion that the bill will help the middle class. She spoke about the number of Coloradans who are eligible for overtime pay.

05:16 PM -- Chaer Robert, representing the Colorado Center on Law and Policy, testified in support of the bill. Ms. Robert read the written testimony of Casey O'Donnell (Attachment F).

15HouseState0420AttachF.pdf15HouseState0420AttachF.pdf
BILL:HB15-1331
TIME: 05:22:01 PM
MOVED:Tyler
MOTION:Adopt amendment L.001 (Attachment G). The motion passed without objection.
15HouseState0420AttachG.pdf15HouseState0420AttachG.pdf
SECONDED:Salazar
VOTE
Foote
Humphrey
Lontine
Neville P.
Primavera
Tate
Thurlow
Tyler
Willett
Salazar
Ryden
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


05:22 PM

Representative Tyler wrapped up his presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1331
TIME: 05:25:19 PM
MOVED:Tyler
MOTION:Refer House Bill 15-1331, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:Salazar
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
No
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:26 PM

The committee adjourned.