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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0468.01 BWM HOUSE BILL 98­1199

STATE OF COLORADO

BY REPRESENTATIVE Schauer;

also Senator Schroeder.

REENGROSSED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING ADHERENCE TO THE EXEMPTIONS FROM OVERTIME RECOGNIZED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938" IN DETERMINING REQUIREMENTS FOR OVERTIME IN COLORADO.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Specifies that, in determining conditions of employment including overtime, neither the director of the division of labor nor any wage board established by the director may eliminate, modify, overrule, or otherwise change any of the exemptions from overtime specified in the federal "Fair Labor Standards Act of 1938". Repeals minimum wage order number 21, adopted by the executive director of the department of labor and employment on August 7, 1997.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  8­6­106, Colorado Revised Statutes, is amended to read:

8­6­106.  Determination of minimum wage and conditions. The director shall determine the minimum wages sufficient for living wages for persons of ordinary ability, including minimum wages sufficient for living wages, whether paid according to time rate or piece rate; the minimum wages sufficient for living wages for learners and apprentices; AND, SUBJECT TO THE PROVISIONS OF SECTION 8­6­111 (4) (b), standards of conditions of labor and hours of employment not detrimental to health or morals for workers and what are unreasonably long hours.

SECTION 2.  8­6­111 (4), Colorado Revised Statutes, is amended to read:

8­6­111.  Director to review report. (4) (a)  Overtime, at a rate of one and one­half times the regular rate of pay may be permitted by the director under conditions ONLY AS PRESCRIBED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938", 29 U.S.C. SEC. 213, and rules and MAY BE PROMULGATED for increased minimum wages which THAT the director, after investigation, determines and prescribes by order and which THAT shall apply equally to all employers in such industry or occupation.

(b)  NEITHER THE DIRECTOR NOR ANY WAGE BOARD ESTABLISHED BY THE DIRECTOR MAY ELIMINATE, MODIFY, OVERRULE, OR OTHERWISE CHANGE IN ANY MANNER ANY OF THE EXEMPTIONS AND OVERTIME PROVISIONS RECOGNIZED BY THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1938", 29 U.S.C. SEC. 213.

SECTION 3. Repeal of minimum wage order number 21. Minimum wage order number 21, adopted by the executive director of the department of labor and employment on August 7, 1997, and effective October 1, 1997, is hereby repealed.

SECTION 4.  Effective date ­ applicability. This act shall take effect upon passage, and shall apply to wages paid and hours worked on or after said date.

SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.